A Peak Hill shearer says he "prays to God every day" that he wished he didn't violently go behind the counter and attack two BP service station attendants who refused to refund his $40 Telstra recharge voucher.
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Joseph Jack Learmonth appeared from Bathurst Correctional Centre and pleaded guilty to assault occasioning actual bodily harm and recklessly causing grievous bodily harm in Dubbo Local Court last month.
The incident arose after the 39-year-old had purchased a $40 Telstra recharge voucher from the Tomingley BP on February 13 this year.
When he got home and it didn't work, Learmonth returned to the servo the next afternoon.
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The servo attendant explained to Learmonth he would need to phone Telstra, as they couldn't fix the issue. But Learmonth said he had already phoned and Telstra told him to return to the store for a refund.
Learmonth called Telstra while standing at the counter, and was on the phone for about two minutes.
While on the phone the other attendant - who had served Learmonth the day before - told him they couldn't give him a refund because they were not responsible for issuing them.
After Learmonth hung up, he walked behind the counter and punched one of the attendant's left shoulder, before punching him multiple times including in the head.
He then moved onto the other attendant, who had served him the day prior, and punched him in the face, chin and right eye.
This attendant pushed Learmonth back toward the customer area, before Learmonth grabbed his neck for a short period of time.
Learmonth walked away toward the front door, before he turned around and said "have you had enough? I'll be back".
The second attendant told Learmonth he would give his money back, took out $40 cash from the counter and gave it to him, before he left.
CCTV from the store was played in court, which showed the 13 second incident and revealed Learmonth had thrown about 11 punches.
As a result of the attack, the first attendant was taken to Dubbo hospital and suffered from a fractured arm.
The other attendant sustained a cut in his mouth, bruising and grazing to his head above his right eye, and lump to his head. He also suffered from a few scratches.
In court, Department of Public Prosecutors solicitor Shaun Towers read out a victim impact statement by the attendant whose arm had been broken, noting it had affected his sporting and leisure activities, his ability to engage in social events with friends and colleagues and his employment.
Defence lawyer Bill Dickens argued the incident "wasn't planned" but rather born out of frustration.
When asked what happened on that day, Learmonth told the court he had been on the phone with Telstra for half an hour, who had told him to go back to the service station, which he said at the time he really "didn't want to".
I pray to God every day, I wish I hadn't of done it or hurt them
- Jack Learmonth said in court
Mr Dickens said his client had suffered from reading and writing difficulties, and struggled reading the voucher.
"So this illiterate man has in the course of exercising what is his consumer right to a refund has become very frustrated with dealing with that issue and acted in a wholly inappropriate and criminal fashion when he's become frustrated," Mr Dickens told the court.
The court heard Learmonth had been in custody on remand since his arrest in February, and due to the COVID-19 situation his time behind bars had been onerous - telling the court he'd spent a number of days in isolation, confined in a cell, with no visits and a handful of phone calls.
Mr Dickens said his client intended to return to shearing when he left custody, and had once owned his own business in Queensland, citing he could shear up to 360 sheep a day.
When asked what he would say to the attendants he told the court he'd ask them for forgiveness.
"I'm very, very sorry," Learmonth told the court.
"I pray to God every day, I wish I hadn't of done it or hurt them."
In his closing submission Mr Towers argued Learmonth "boxed in" the two attendants by surprise before attacking them over a prolonged period over what he described was a "trivial issue".
He highlighted the attack was made more serious by the fact service station attendants are legally deemed a "vulnerable person" due to the nature of their work.
The court heard Learmonth had been on an 18-month community corrections order for an assault in June 2020 at Gilgandra, which he was subject to when the attack at the Tomingley BP occurred.
Magistrate Imad Abdul-Karim found the offending was "unprovoked and unjustified".
"It was an attack on members of the public, who should be allowed to go about their business without the fear of being assaulted," he said.
However Mr Abdul-Karim took into account he had the support of his mother, had employment available upon release, and his time in custody had been onerous.
With a finding of special circumstances, Learmonth was sentenced to 16 months imprisonment, with a non-parole period of eight months backdated to the offence. He is now eligible for release.