Assault victim loses teeth

By Andrew Thomson
Updated November 7 2012 - 12:18pm, first published January 13 2009 - 9:22am

A WARRNAMBOOL man who repeatedly punched his neighbour and kicked him while he was down trying to retrieve his smashed teeth has been ordered to serve a community-based order. Anthony Devlin, 52, of Monterey Court, pleaded guilty this week to recklessly causing serious injury. Warrnambool Magistrates Court heard that on September 12 last year at 8.15pm Devlin and a neighbour became involved in a physical altercation.Devlin pushed his neighbour to the ground and punched him repeatedly to the face.After the victim went outside, spat out his teeth and then tried to retrieve them off the ground, Devlin punched and kicked the man to the head several times.Devlin later admitted to police that he hit the victim but said the other man had thrown the first punch.The victim suffered pain to his back, bruising to his left cheek and eye and a fractured nose as well as damage to his dentures.Defence counsel Raj Bhattacharya said his client suffered mental health issues and had one prior court appearance for assault 16 years ago.He said the victim had entered Devlin's home and started a domestic argument with his wife.Mr Bhattacharya said Devlin admitted going too far and there was no excuse for the injuries he caused.Magistrate Michael Stone said Devlin went miles too far and it was a serious assault as the victim suffered serious injuries.He questioned why Devlin did not ask the victim to leave, but the defendant said the victim had come in looking for a fight.Mr Stone said people who seriously assaulted others frequently ended up in jail.Devlin was convicted and placed on a 12-month community-based order with conditions he submit to testing and undertake programs as required.

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