Quote:
Man not guilty in road rage assault
By ERIC TLOZEK
29mar06
A DARWIN man who grabbed a woman in a road rage attack has been let off because he thought he had been racially taunted.
Roy Francis Daye, 36, was found not guilty of aggravated assault in the Darwin Magistrates Court earlier this month.
Mr Daye admitted to grabbing the woman through her car window after stopping at traffic lights on McMillans Rd in Northlakes on July 20 last year.
The 28-year-old woman said she was bruised by the attack after being grabbed by her shirt collar.
But Mr Daye was cleared of the charge after the court found he had been provoked by allegedly being called ``a black c...''.
The woman, Leonie Baldwin, denied using the slur against Mr Daye as their cars drove alongside each other on the road.
Mr Daye, who was running late for a flight, said he had been boxed in by the woman and yelled out to her to let him change lanes.
He thought she said: ``f... off black c...'', before laughing and sticking her middle finger up at him.
Mr Daye's girlfriend at the time, Vanessa Dunne, said she had heard Ms Baldwin say the words.
But Ms Baldwin told the court she had an Aboriginal friend in the back of the car and would never use the phrase.
She told the court she had said to Mr Daye ``I'm doing the speed limit''.
``What's your problem?''
In making a not guilty finding magistrate David Loadman said the important principle was that Mr Daye, who is of Burmese descent and dark skinned, believed that he had been insulted.
``Because he so believed that insult was made to him the issue of whether it was or whether it wasn't is not critically important,'' he said.
Mr Loadman found Mr Daye was entitled to the defence of provocation.