Man jailed for three days for assault over a cigarette
A man who assaulted another man outside a fish and chips shop because he wouldn’t give him a cigarette has spent three days behind bars.
Derek Atkins, 44, who lives in the Seymour area, pleaded guilty in
Shepparton Magistrates’ Court to charges of assault and criminal damage.
Prosecutor Leading Senior Constable Chris Cole told the court Atkins pushed another male in the chest and swore at him when he did not give him a cigarette when he asked for one in Anzac Ave, Seymour, at 4.46 pm on September 3.
When the victim went inside a fish and chips shop, he watched as Atkins spat on his vehicle and kicked a dent in one of its panels.
Atkins, of no fixed address, was picked up by police about 300 m from where the incident occurred.
Atkins’s solicitor Megan McKenna said her client’s offending was “quite bizarre” and that he was alcohol-affected at the time.
Ms McKenna said her client was on a waiting list to link in with drug and alcohol corrections orders.
She also told the court
Atkins had a “lengthy criminal history” and had only been released from custody six weeks earlier.
She said the vehicle did not appear to have a significant amount of damage and urged the magistrate to take into account the three nights he had spent in custody since his arrest.
Magistrate Peter Mithen sentenced Atkins to the three days prison already served.
“You brought yourself here — all over a cigarette the fellow didn’t give you or couldn’t give you,” Mr Mithen said to Atkins.