A 44-year-old man who assaulted an UberEats delivery driver outside a Thai restaurant in Northmead has been ordered to complete 60 hours community service.
David Packer, of St Marys, fronted Parramatta Local Court on Wednesday, May 3, charged with ‘common assault’.
On March 9, 2022, the victim was waiting inside the restaurant when he first saw Packer paying for his food at the register.
As the victim was leaving the restaurant, he felt a punch to the left side of his face, immediate pain, and a second punch in the same spot.
According to a set of facts tendered to the court, the victim turned around and identified Packer as the person who assaulted him.
He then heard the accused speak in what he thought was Arabic language, only able to make out the word “Indian”.
When the victim asked why he punched him, Packer said words similar to “you hit me first” and left the restaurant alone.
Later that day, the victim attended Parramatta Police Station where he provided a victim statement and photographs of the red marks on the side of his face.
According to court documents, a staff member who witnessed the incident also provided video footage and a statement to police.
About 7pm on October 28, 2022, Packer attended Penrith Police Station where he was cautioned in relation to the alleged assault.
He identified himself in the photographs that were taken during the incident and, almost two weeks later, the victim attended Wentworthville Police Station where he also positively identified Packer in a photographic line-up.
On Wednesday, Packer’s lawyer pleaded guilty to the charges on his client’s behalf.
He also told Magistrate Kate Thompson that his client has no recollection of the incident due to issues with his medication.
In the prosecutor’s submissions, she told the court that Packer’s criminal history contains several offences of a violent nature.
She also noted that the accused and the victim involved were not known to each other prior to the incident.
“It was an unprovoked attack,” she said.
In sentencing, Magistrate Thompson took Packer’s explanation into account but also emphasised the need for general and specific deterrence.
He was given a 12 month Community Correction Order (CCO).
As conditions of his CCO, he must accept supervision from Community Corrections at Penrith and undertake 60 hours of unpaid community work.
Formerly with the ABC, Makayla is a graduate of Western Sydney University. She covers a variety of news topics for the Weekender, including courts.