'Flick': Technical detail favours man who 'kicked' victim's head

A tiny detail brought up in court has ended up favouring a man who kicked at his victim's face, while he was still on the ground.
A tiny detail brought up in court has ended up favouring a man who kicked at his victim's face, while he was still on the ground. Contributed

A TINY detail brought up in court has ended up favouring a man who kicked at his victim's face, while he was still on the ground.

The saying, "don't kick a man when he's down" is a common one, and for good reason. Its meaning can be taken literally and figuratively and is often used when teaching a life lesson.

But it wasn't any kind of teaching moment that came into play when Geoffrey John Leask, 49, appeared in Gladstone Magistrates Court. It was the small, technical difference between a 'kick' and a 'flick'.

On January 26 at 1pm Leask and the victim were in the outdoor smoking area at Tannum Sands Hotel.

The victim and defendant, both of whom were speaking to other people, were standing some distance away from each other.

A verbal confrontation between the victim and another hotel patron occurred, during which the victim was pushed to the ground.

Seeing this, the defendant walked toward the victim on the ground and kicked at his face.

The defendant was pulled away from the victim, who was then helped up by the patron who had pushed him to the ground.

Nine months later, the defendant attended the Gladstone Police Station in regards to the incident.

Police prosecutor Acting Senior Constable Balan Selvadurai said that on October 23, Leask told police the victim had been "calling them all faggots".

He said the victim had had a "go at him" when he first arrived at the hotel and said that when victim was on the ground he wanted to "show him that no one disrespects him, so he walked up and flicked his foot at the victim's cheek".

"The defendant was not provoked ... he just joined in", Sct Snr Const Selvadurai said.

The court heard that despite Leask's intention to kick the male victim in the face, he missed and ended up flicking his cheek with his thong.

And though the victim suffered no injuries, Act Snr Const Selvadurai said the intention to kick him in the face was clear.

"It was lucky it was only a flick to the face, if it was a heavier kick it would've been more serious, he said.

"The victim could've suffered serious injuries."

But defence lawyer Rio Ramos told Magistrate Melanie Ho that the defendant's foot would not have been strong enough to cause the victim serious harm.

She said the father of five was on a disability pension and suffered from a "degenerative right ankle disorder with floating bone".

Ms Ramos explained the two men had first come to know each other when the "victim was not appreciative of the car he (the defendant) sold to him".

She said that while the car was now fully paid off, the victim had twice harassed the defendant in relation to the sale.

"On 18 and 29 October, in the morning, the victim drove past his (Leask's) residence, yelling out threats," Ms Ramos said.

Both incidents were reported to police, who warned the victim not to approach Leask in any way.

Leask's dated history includes wilful damage, stealing, contravening, trespass and possessed drugs.

His last conviction was on May 29 where he was fined $500, however, violent offences have not been prevalent in his history for the past 14 years.

Leask pleaded guilty to one count of common assault and was fined $1000. A conviction was recorded.

Topics:  assault crime gladstonecourt gladstone magistrates court magistrate melanie ho police

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