An attack where an Albury motelier suffered a head injury was more the result of recklessness than an intentional strike, a magistrate says.
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Michael John Privett injured the man when he hit a perspex screen in the reception area of the motel.
This propelled the screen across the room, striking the motelier on the top of his head.
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Privett was enraged by a claim he had not been paid for work he had done at the motel.
Nevertheless, Albury Local Court magistrate determined that the incident warranted Privett being convicted and being placed on an 18-month community corrections order.
Privett, 55, of Wantigong Street, North Albury, was also fined $2000 after previously pleading guilty to charges of assault occasioning actual bodily harm and intimidation.
![Michael John Privett Michael John Privett](/images/transform/v1/crop/frm/zTpV5j6X6iLmSh5SbcmSaP/612c319c-a052-4dab-8da6-1fac3a42f0b6.jpg/r0_697_371_977_w1200_h678_fmax.jpg)
"The actual bodily harm occurs in a reckless manner," Ms Humphreys said, on sentence.
"His (criminal) history is one that does not assist him."
But Ms Humphreys said there had been a "substantial break" in his serious offending, with Privett having once served a long jail term over an aggravated break and enter offence.
Defence lawyer Tim Hemsley said his client, who was suffering from major health issues, had not committed any offences in close to seven years, and was now in a stable relationship.
"He has shown remorse, if I can put it in those terms, and he has tendered a letter of apology," Mr Hemsley said.
"I understand there's still a dispute about the wages."
While Ms Humphreys noted the letter of apology, she also drew attention to the racist nature of the intimidation meted out by Privett.
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Shortly before the assault occurred, the court previously heard, Privett told his victim he was "going to rip his f---ing heart out".
Privett had been working for the victim "on and off" as a painter for six weeks before the incident occurred at the motel, which was within two blocks of Dean Street.
The victim and his wife were in the office and reception area on May 2 about 4.50pm when Privett walked in to collect some tools.
He then left for a while, but returned with his partner.
"When the accused has re-entered the office, he has begun to demand that the victim pay him a large sum of money, to the value of $3000," police said.
When the victim refused, Privett - standing at the counter, clenching his fists - began to abuse him.
Police said Privett and the owner argued "back and forth" about jobs done and money owed.
It was then that Privett threatened to punch the man and put his "head through that f---ing window".
The abuse continued, with the victim's wife demanding he stop.
Eventually, Privett's partner tried to remove him from the room.
But Privett instead kept up his abuse, hitting the screen that in turn struck the victim, leaving him with a cut to his forehead.
Privett then walked out of the reception area.
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