A man found guilty of an unprovoked assault at a Canberra tip has been convicted of the offence despite his lawyers claiming the conviction would cause him undue hardship.
Richard James Mulcahy (not the former MLA) was found guilty last month of assault occasioning actual bodily harm after he punched Nicholas Gerhard once in the face at the Mugga Lane tip in 2007.
The incident stemmed from a dispute when Mulcahy and his wife cut in line to access the tip face before closing time.
Acting Justice John Nield said Mulcahy had not exhibited any remorse over the incident which left Mr Gerhard with a cut to the back of his head and caused the loss of a tooth.
Justice Nield described the incident as an unprovoked attack in public. He rejected an application from Mulcahy's lawyers requesting a non-conviction order.
Justice Nield accepted the 54-year-old was of good character and reputation and was liked by those who knew him well.
He dismissed suggestions from Mulcahy's counsel that a criminal conviction could cause hardship and complicate an application for a real estate licence and future travel overseas. Justice Nield said the incident ranked at the lower end of assaults of its kind and he doubted Mulcahy would reoffend.
Mulcahy was also given a 12-month good-behaviour order.
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