A Dubbo resident who punched another man in the head for driving on his driveway, has been 'fortunate' and spared a conviction.
A man had arrived to see his friend, when he performed a u-turn and briefly drove on Blake Tobin's driveway.
The 37-year-old walked out of his house an approached the man in the driver's seat of his car, and asked "do you mind?".
READ MORE COURT AND CRIME:
The man asked Tobin what he meant, when he said "you have driven on my driveway and hit the sprinklers".
The man stated he didn't and only "drove a little bit" on his driveway , when Tobin told him next time to "do a three-point turn".
According to police from inside the car the man told Tobin not to be a "c--k head", before Tobin punched him three times in the left side of his face, causing bruising, swelling and a split lip.
Tobin's partner ushered him back inside telling him he had "done enough".
Police later arrived and spoke with the victim, who had a swollen and bruised split lip, and blood over his shirt.
Officers arrested Tobin and took him to Dubbo Police Station and in an interview claimed that he acted in self defence, as the victim had "squared up" to him with both fists.
According to police they viewed CCTV footage which depicted the interaction, however did not show the assault as the vehicle was parked on the roadway.
In Dubbo Local Court last Wednesday, Tobin pleaded guilty to assault occasioning actual bodily harm.
Magistrate Gary Wilson said Tobin's behaviour in the incident was "completely unnecessary".
"It's a bit of an overreaction," he said.
"I wouldn't want to be on the receiving end of it."
"This was taken, in the circumstances, to the extreme.
Defence lawyer Jai Silkman told the court Tobin accepted what he did was an "overreaction", and claimed he was acting in self defence.
He said the incident was out of the ordinary, and Tobin was of "good character" and his references tendered in court speak "very highly" of him.
Magistrate Wilson said Tobin was "fortunate" on this occasion and sentenced him to a conditional release order to be of good behaviour for 12 months.