http://www.news.com.au/couriermail/story/0,23739,26150631-3102,00.html
Pizza crust used in attack
Article from:
October 01, 2009 12:00pm
A BUSKER assaulted a woman with a pizza crust after he believed she had treated him with disrespect, a court has heard.
In the District Court in Brisbane, Judge Marshall Irwin was dismissing an appeal by busker Terrence George Watson against his conviction for an assault which caused bodily harm to the woman in an inner Brisbane city street.
After a Magistrates Court summary trial Watson was found guilty and fined $450 in default six months jail.
The trial heard two versions of the assault on May 12, 2006.
The woman told the court she had been out with friends at a hotel and they left to buy a pizza shortly after midnight.
She was approached by a busker, playing a tamborine, who asked her for a donantion.
The woman told the court she twice refused to give him money and walked away before she left a pain in her back.
Police were called and they noted a 10cm cut on her back.
A witness alleged Watson had shoved the tamborine into her back.
However, Watson said he had been sitting near the pizza shop and the woman threw a pizza crust into his collection tray.
He said it upset him because people often vomited or urinated into his tray or stole money from it.
Watson said he got the pizza crust and pushed it into the woman's back telling her to look after her own rubbish.
The magistrate found he could not rely on the evidence Watson had assaulted the woman with the tamborine and found it was more likely it was a pizza crust.
He still found Warson had assaulted the woman and the small cut was bodily harm.
On appeal to the District Court, Watson maintained he had been provoked or at least was only guilty of common assault.
However, in a written judgment which became available today, Judge Irwin found Watson did not have a defence of provocation and the magistrate was correct in finding it was assault occassioning bodily harm.
He dismissed the appeal.