A neighborly disagreement over dog poo that escalated into brawl involving a paint scraper, golf club and rake has landed a man in court.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Graeme John Hinchcliffe, 39, of Glenroi, faced a jail sentence when he appeared in Orange Local Court charged with affray for instigating the fight with a mother and son who lived near his now former address.
According to information presented to the court, the incident on August 28, 2021, was sparked by the former neighbours' threats to poison Hinchcliffe's dog after it defecated in their front yard three days earlier.
Magistrate David Day acknowledged the threat to Hinchcliffe's dog and that he pleaded guilty to a charge of affray.
"It started from something silly ... dogs defecating on front lawns," Mr Day said.
- READ ALSO: Airport numbers take off during May
"It's escalated by the victims and I do note that Mr Hinchcliffe was injured in that incident."
Solicitor Simon Populin also acknowledged that it was a "serious example of affray" due to the use of the weapons.
"It's clear that while he was the instigator it was other parties that produced the weapons," Mr Populin said.
"He obtained a significant gash to his leg and significant injury to his ankle which is still tormenting him."
According to the information given to Mr Day in court, a woman who lived near Hinchcliffe's now former address yelled at the dog after seeing it relieve itself on her lawn. Hinchcliffe became defensive and yelled back.
A few days later, on August 28, Hinchcliffe was told the woman had sent text messages to another person saying the dog should be baited, inferring that her son would poison his pet.
Upon learning about the threats, Hinchcliffe confronted the son at the end of the woman's driveway and was heard yelling, "you're not gunna bait my f***ing dog, come out on the road and be a man ... come out here and we'll sort it out".
The neighbour and her son went outside and all three of them yelled each other until Hinchcliffe started to walk back to his house.
However, the son retrieved a concrete scraper and his mother retrieved a golf club and walked towards his address. Seeing them approach, Hinchcliffe picked up a rake.
The physical fight took place on another neighbour's front yard and was captured on CCTV that was viewed by investigating police who arrived after the brawl ended.
Hinchcliffe has since moved away from the street where the fight took place.
He also faced court for multiple driving offences and having a hatchet hidden under the driver's seat of his car at the same time as he was sentenced for the affray.
However, Mr Day said the affray was "by far the most serious".
"It is aggravated by [his] prior record, including violence," Mr Day said.
It's clear that while he was the instigator it was other parties that produced the weapons
- Solicitor Simon Populin
He gave Hinchcliffe a 15-month Intensive Correction Order requiring him to complete 60 hours of community service for the affray.
He also gave Hinchcliffe four concurrent nine-month Community Correction Orders for three counts of driving while his licence was cancelled between November 4, 2021 and January 21, 2022. The fourth CCO was for driving with methamphetamine and cannabis in his system on the November 2021 date.
Hinchcliffe's driver's licence was disqualified for six months and he will have to complete 60 hours of community service for those offences.
The hatchet was also found during the November 4, 2021, traffic stop.
He told the police he had it for protection and was fined $110 by Mr Day for possession of an offensive implement.
In relation to the positive drug test he told the police, "I smoked marijuana like three days ago".
One of the driving while cancelled offences took place in Bathurst on December 4, 2021.
In addition to the CCO, disqualification and community service he received for that offence he was also disqualified and convicted for driving with methamphetamine and cannabis in his system, and he was fined $110 for possession of 3.74 grams of cannabis.
"Mr Hinchcliffe instructs me that he's had that car crushed," Mr Populin said.
"Unless he buys another car he won't be committing any more of these offences."
However, at the end of sentencing Mr Day warned Hinchcliffe of what could happen if he was tempted to drive again before his disqualifications end and he reapplies for a new licence.
"If you keep driving, with or without access to a motor vehicle of your own, I suspect any magistrate would send you to jail," Mr Day said.
To read more stories, download the Central Western Daily news app in the Apple Store or Google Play.
HAVE YOUR SAY
- Send a letter to the editor using the form below ...