Suspended sentences for man who shoved two people
A man who shoved two people for talking to his children in Victoria Park was handed suspended sentences in Magistrates' Court yesterday.
Damany Burchall, 29, of Pembroke, pleaded guilty to charges of assault against Stephen Smith and June Hayward on November 20.
The Court heard that around 4.30pm on Saturday, Mr Smith was sitting in the park with a group of friends when Burchall came in and lay down on a bench.
After a while he sat up with his head in his hands. A woman entered the park and spoke with him, after which Burchall became angry and knocked over a trash container.
Smith questioned his behaviour and Burchall struck him in the chest with both hands.
Ms Hayward attempted to intervene and was shoved to the ground, after which Burchall picked up a plastic trash can and struck her in the left elbow with it.
Police arrived, arrested Burchall and took him to Hamilton Police Station.
Crown prosecutor Maria Sofianos told the Court that Burchall, who is unemployed, had prior convictions: in 2004 for grievous bodily harm and in 1996 for unlawful wounding.
Yesterday he told Senior Magistrate Archibald Warner: "Your honour, I had my kids. I passed out and fell asleep. [The complainants] started talking to my kids. As my mom arrived to pick up my kids, I told them not to talk to them."
He said there were three children with him, the youngest being six years old and the eldest ten.
Mr Warner said: "You were drunk and that's why you passed out".
Burchall maintained he was tired having just completed a "hustle" at Swinging Doors bar.
He admitted having two drinks in the course of the day.
Mr Warner said: "How could you take a six-year-old child between a bunch of drunks? They were down there for the same reason you were, getting drunk and being a nuisance."
He gave a sentence of 30 days' imprisonment for assaulting Mr Smith and ten days for the assault on Ms Hayward. Both sentences were suspended for two years.