A man who confronted a former co-worker with a baseball bat and followed him to McDonald’s where he tried to start a fight in front of customers was sentenced on Monday.
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Zac Cubbin, 18, of Byng Street, appeared in Orange Local Court where magistrate David Day gave him a 12-month good behaviour bond for affray, and convicted him without further penalty for carrying the baseball bat in public.
According to police facts, Cubbin and the victim, a French national, were fruit pickers who worked at the same orchard, and about 10.30am on December 18 the victim went to Cubbin’s former address in Bathurst Road.
Cubbin grabbed the bat and told the victim to leave, before following him and the victim’s two friends to McDonald’s, and called one of his own friends and their partner to join him.
He was captured on CCTV at KFC carrying the bat, before witnesses called police.
However, he put the bat it in the boot of his car before trying to punch the victim inside McDonald’s in front of about 30 witnesses while his friend tried to pull him away before police arrived.
“All these bats out there and no one seems to be out there in the diamond using them. They appear to be using them for other things,” Mr Day said referring to the number of baseball bats mentioned in court.
Cubbin was represented by solicitor Gerry Stapleton, who said his client had the bat because he’d previously been held up and robbed.
“The victim and he used to work together in an orchard in Orange. There was an argument in the workplace, the victim tried to break into his house and was coming in through the bathroom window. [Cubbin] thought it was due to the argument in the orchard,” Mr Stapleton said.
“He took it one step too far and chased him out.
“I ask the court to take into account his plea of guilt and his prior good character. He’s been out of school for two years and he has an impressive work history.”
In an unrelated matter, Cubbin was fined $660 and was disqualified from driving for a two months after pleading guilty to mid-range drink driving.
Cubbin’s driver’s licence had already been suspended by police since he was caught driving with a blood alcohol level of 0.102 at 9.50pm on December 1 and the disqualification will add two more months to his driving ban.
He was caught drink driving after performing an illegal u-turn over double lines, which was seen by police.