Nabil Sabouni in court after threating Dubbo shop owner who asked him to put on a mask

Nabil Sabouni welled up with tears when he pleaded guilty to common assault and a charge of stalk or intimidate intending fear or physical harm in Dubbo Local Court on Wednesday.

The 55-year-old was passing through Dubbo when he stopped at Nga's takeaway to purchase a drink for himself and his children on January 21 this year.

According to court documents, despite a sign at the front of the store stating "no mask, no entry", Sabouni entered and headed straight to the fridge.

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The manager walked out to the counter and asked Sabouni to put on a mask, when he told her he didn't have one and had an exemption not to wear one.

After persistent attempts to get Sabouni to wear a mask, the pair continued to argue, both refusing to listen to each other.

The manager then pulled out her phone from underneath the counter in an attempt to record the incident. Sabouni spotted the phone and told her "don't record me, do you want me to break it?".

The manager continued to record the incident when Sabouni reached over the counter and tried to snatch the phone out of her hand.

In fear of Sabouni grabbing hold of her, the manager stepped back, to keep her distance from him.

Sabouni grabbed a sauce bottle from the counter and brandished it above his head as if he was going to throw it.

He eventually put the bottle down, but marched behind the counter and attempted to grab the manager's phone.

In attempt to protect herself, the manager raised her forearm preventing Sabouni getting closer when he knocked her backwards, grabbing hold of her hand for a short time. The woman managed to step back and demanded Sabouni leave.

Police later attended his home when he made admissions to having an argument with the woman, but denied assaulting or threatening her.

Defence lawyer Brigid Byrnes said her client did have a medical exemption on him, however conceded the store manager should no doubt feel safe at her place of work.

The court heard Sabouni was born in Dubbo, however had moved to Sydney and worked as a windscreen fitter, before he hurt his back about five years ago.

Ms Byrnes told the court Sabouni was "very stressed" by the matters before the court and was having trouble sleeping as a result.

"He informs me he's stressed, sleepless, nervous and regretful. He said to me 'what I did to that lady is the most upsetting things because that's not me, I'm not that type of person. I feel sorry for her and I hope she's able to forgive me'," she told the court.

Magistrate Greg Grogin however said it "just wasn't good enough" and people should be able to feel safe and protected in their workplace.

"She asked you to leave, and if you had just done that, you wouldn't be here [in court]," he said.

Taking into account his early plea, lack of criminal history and references tendered in court, Magistrate Grogin found his expressions of remorse genuine.

"I'm not going to impose a bond or order, you're not going to reoffend, I can see that in your eyes," he said.

Sabouni was convicted and fined $1100.