A Mandurah father has avoided jail after repeatedly punching a man in a car on the side of the road.
Kym Patrick Giles, 39, pleaded guilty to one count of assault occasioning bodily harm in the Mandurah Magistrates Court on Tuesday.
Police prosecutor Tamara Read told the court the attack happened on Old Coast Road in Dawesville at 9am on August 26, 2018.
No matter how this dispute arose, you’re the parent and you participated in this with your son.
- Magistrate Anne Longden
She said Giles and his son were driving when they pulled in front of the victim’s vehicle, forcing it to stop.
Senior Constable Read said Giles’ son smashed the rear window of the car and Giles attempted to drag the victim out, punching the right side of the victim’s face a number of times.
“The accused attempted to smash the driver’s side window but was unsuccessful, so he leaned in to the rear seat area a second time and punched the victim several more times, causing immediate, severe and intense pain,” Senior Constable Read said.
“The victim sustained an open wound to the area of the right eye and required butterfly clips and gluing. He also had burst blood vessels in the eye and blurred vision for a period of 24 hours.”
Giles’ lawyer Daniel De Lange told the court the attack was the result of a family dispute.
He acknowledged the point of imprisonment had been reached but asked Magistrate Anne Longden to consider a community-based order.
“This is a very serious offence … but Mr Giles is the sole provider for his family,” Mr De Lange said.
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Magistrate Longden told the court the offence was “extremely serious and concerning”.
“No matter how this dispute arose, you’re the parent and you participated in this with your son,” she said.
Ms Longden said it was a “bewildering” offence but took into account Giles’ early guilty plea and responsibilities as a father.
He was sentenced to 10 months imprisonment, suspended for 12 months. It was suggested Giles should take part in regular counselling sessions.
