AUSTRALIA: NO PENALTY FOR KNOCKING DOWN AN OLD LADY

A Brisbane grandmother pushed to the ground and knocked unconscious had just told a man to "piss off" after taking a car park he was waiting for, a Brisbane court was told yesterday. Robert James Kenyon, 54, of Windsor, pleaded guilty in the Brisbane District Court to seriously assaulting Patricia May White, 80, at the Chermside Shopping Centre on June 18.

Crown Prosecutor David Nardone said Kenyon and his family had been waiting for a park, when White apparently pulled in ahead of him. The court heard Kenyon confronted White, saying: "That's my parking bay. I just want my parking bay." She stepped away but, when he continued to remonstrate, she said: "If you are that upset mate, get the police or piss off."

Mr Nardone said when White brushed past, Kenyon pushed her shoulder – causing her to fall face-first on the concrete and lose consciousness. The court was told White – who has arthritis and walks with a cane – was taken to hospital, where she was treated for two black eyes, nose fractures, bruised ribs and various cuts.

Mr Nardone said the elderly deserved to be treated with the highest respect and courtesy by the community, and submitted a wholly suspended jail term and substantial fine would be in range. Defence barrister Liz Wilson said her client was extremely remorseful and ashamed of his conduct, and had made every effort to make amends. The court heard an early offer made by Kenyon through his solicitors to pay all expenses incurred by White in the incident was rebuffed. Ms Wilson said Kenyon regularly saw a psychologist for counselling, anger management and coping techniques, and was being treated for depression and anxiety. She said Kenyon did not expect White to fall, but rather to turn back and continue their argument. His wife immediately went to the victim's aid, while he waited in the car for police to arrive. "This is not a case of gratuitous violence, it's not a case of premeditated violence. It's not a case of a youth taking advantage of an older person."

Judge Hugh Botting said there was significant public concern about road rage incidents, but he accepted Kenyon did not intend to harm White. He sentenced Kenyon to six months' jail, wholly suspended for 12 months. Outside court, White refused to speak with waiting media and at one stage, forcefully grabbed one reporter's arm and refused to let go. It is believed she has an agreement with Today Tonight to tell her story.

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