A CLEANER was spat on during a pandemic by a mentally unwell man inside a shopping centre, after she confronted him for "yelling and swearing".
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Matthew Raymond Truman, 40, was sentenced to 12 months of good behaviour in Tamworth Local Court earlier this week, after he pleaded guilty to a single common assault charge.
Police facts show Truman was in the food court of Centrepoint Tamworth about 9am on July 12, when the cleaner saw him walking towards her and commented that she hoped he was leaving.
The remark "enraged" Truman and he approached her before spitting in her hair and making a comment along the lines of "take them diseases", according to police.
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Before he left, Truman picked up a chair and threw it in the direction of the cleaner, who had been working in the centre that morning, which then slid across the floor and hit her in the legs. She was not injured.
Defence solicitor Alex Floyd argued Truman was clearly unwell at the time due to a mental health condition.
He said the victim had chosen to stop the work she was doing and approach him, sparking a "spontaneous" outburst.
"There's a mitigating factor of provocation," he said.
The court heard Truman was in jail for a separate matter and things had become "calm" while in custody.
Magistrate Julie Soars said his parole period next year would be critical to ensuring he was supported in the community and said she didn't want to "interfere" with it.
"I think it's a serious example of a common assault, but subject to those matters you put to me," Ms Soars said.
"You need to bring the offending to an end," she warned Truman.
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