Assault charges dismissed
A LISMORE man who is accused of grabbing a Nimbin businesswoman around her throat and threatening to smash then burn her store down, will not face any legal penalties.
The charges against him were dismissed by a magistrate in Lismore Local Court under mental health provisions.
The man was charged with intimidating the shop owner in Nimbin at 12.30pm on July 28 and assaulting her.
In police facts before the court the 28-year-old man was in a Nimbin cafe when he told the businesswoman he was ‘looking at what else I can steal from your shop’.
The two exchanged angry words and he followed the woman back to her shop verbally abusing her.
In the shop police alleged he called her ‘a dumb bitch’ then grabbed her around the throat with his hands.
The woman alleged he made threats to smash and burn her store.
When police caught up with him he claimed the woman tried to kiss him at the cafe and that he pushed her away.
A witness verified to police she heard the man yell at the woman he would burn her shop down.
Defence lawyer Ben Cochrane said his client had a history of mental health issues and previously been dealt with in the legal system under mental health provisions.
Prosecutor Sergeant Peter Costin-Neilsen confirmed the man had been admitted five times into the Lismore Adult Health Unit but said the man’s acts could not be excused by his medication running out some days earlier.
But Magistrate Robyn Denes found the matters should be dealt with under mental health provisions and dismissed both charges.
She ordered the man to attend Community Health Services and accept the guidance of medical staff with regard to his mental health management.