Dysart man Anthony John Roberts, 24, was acquitted by jury on the charge of grievous bodily harm of his neighbour. Photo Lucy Smith / Daily Mercury
Dysart man Anthony John Roberts, 24, was acquitted by jury on the charge of grievous bodily harm of his neighbour. Photo Lucy Smith / Daily Mercury Lucy Smith

Dysart man not guilty of causing grievous bodily harm

A DYSART father has been acquitted of causing grievous bodily harm to a man he punched in his front yard.

Judge Paul Smith summarised the three-day trial of Anthony John Roberts, 24, in the District Court in Mackay this morning.

He said Mr Roberts had admitted to throwing a punch when Grant Hay, 44, had walked onto his property on October 17, 2014.

Judge Smith said there was no question the punch had caused grievous bodily harm, as a doctor had testified that, had his injury been left untreated, Mr Hay would have suffered permanent eye damage.

The judge said defence barrister Scott McLennan had argued that Mr Robert's actions were in self defence.

He said Mr McLennan had said Mr Hay had been "looking for a fight" when he walked to Mr Roberts' property.

"(Mr McLennan argued that) Mr Hay came onto the property and threatened to come up into the house if Mr Roberts did not come down," the judge said.

Judge Smith said the defence barrister had argued that Mr Roberts was scared "when confronted by this six-foot, 120kg man, threatening to come up".

"(Mr McLennan said) you've got your children in your house, you shouldn't have to cower in your own home," the judge said.

Crown prosecutor Gavin Webb said the catalyst for the incident had been that Mr Hay's ex-partner, who lived across the road from Mr Roberts, had phoned police saying she had seen Mr Roberts driving erratically.

The woman had asked Mr Hay to come over to her house while she waited for police to arrive.

Mr Webb said Mr Hay had crossed the road to confront Mr Roberts, who "reacted quite aggressively" and punched him in the left eye.

"I decided to walk across the road... to find out what had actually happened and try and calm down the abuse that was being hurled across the street," Mr Hay said when testifying.

Mr Webb said Mr Hay had put an arm out to push Mr Roberts away, and remembered waking up on the ground with a bleeding nose and a bad headache.

The jury deliberated for less than an hour before reaching a verdict of not guilty today.



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