A COURT has heard a fight broke out between a father and son in Tamworth after the COVID-positive older man refused to hand over his test for his son to get out of work.
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Daylan Poore was sentenced in Tamworth Local Court after pleading guilty to charges of domestic violence-related assault occasioning actual bodily harm; and being armed with the intent to commit a serious offence.
Magistrate Julie Soars handed the 21-year-old man 12-month good behaviour orders with the added conditions to seek health support and engage in a rehabilitation program.
In a set of agreed facts handed up to the court, it was revealed Poore assaulted his 55-year-old father at a West Tamworth home on the afternoon of August 21.
The older man was suffering from COVID-19 at the time and was sitting in the loungeroom when Poore approached.
"The [offender] requested that the victim provide him with a COVID-positive test so that he does not have to go to work, however, the victim refused," the facts said.
An argument broke out between the pair and a physical fight started.
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Poore ultimately punched the older man in the head, knocking him to the ground, according to the facts.
The victim stood up a short time later and another argument broke out, where the victim managed to put Poore in a headlock.
The pair broke apart and the father left the house to go and sit on a lounge in the backyard.
Poore armed himself with a blue-handled broom from inside then followed his father outside.
The police case is that Poore then swung the broom at the older man, causing him to put his hands up to protect himself, before going back inside.
Police were called and officers arrived to find Poore holding an empty bottle of alcohol.
They saw that his hand was "distinctively swollen", and went to speak with the older man.
"Police observed the victim to have a large amount of swelling to the left side of his head above his ear," the facts said.
Poore and his father did not give statements but both told police a similar version of events on body-worn video.
Poore was arrested about 4.45pm that day and taken to Tamworth Police Station.
He was set to defend the charges but guilty pleas were entered on the day he was due to front a hearing.
He missed his court date while on bail back in September but one charge of failing to appear in accordance with bail was dropped by the prosecution.
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