Leonard Raymond Fogarty sentenced to 10 months prison for kebab shop assault and Northgate attack

Two unprovoked assaults committed just four days apart have seen a 28-year-old Geraldton man sentenced to 10 months prison. Leonard Raymond Fogarty pleaded guilty to a litany of charges in the Geraldton Magistrates Court on Thursday including common assault, criminal damage and assault occasioning bodily harm. Prosecuting Senior Constable Dean Solman told the court Fogarty was at the Turkish Kitchen on Chapman Road about 11.40pm on October 8 when he started swearing at a 48-year-old man who was trying to place an order. After being asked to leave the kebab shop, Fogarty punched the 48-year-old in the face and upper body multiple times. The fight spilled out on to the street, with bystanders having to separate the pair. Fogarty made a getaway before police arrived. The victim was left with a cut below his left eye and bruising to the face. At the time, Fogarty was out on bail for a separate assault he committed just four days earlier. Sen. Const. Solman said the 28-year-old was involved in a scuffle with security at Northgate Shopping Centre on October 4 when a good Samaritan tried to calm the situation down. Fogarty lashed out at the bystander and punched him twice in the face, knocking him to the ground. Earlier on, Fogarty stole two tins of canned salmon, two protein bars, a wrench and an Allen key set from Coles. When he was approached by security, Fogarty instantly became aggressive and yelled out ‘come on you c...s, you’re dead’. He ended up leaving the shopping centre on a push bike before being arrested by police on October 9. Defence lawyer Georgia Keysers said her client was diagnosed with schizophrenia when he was 16, asking Magistrate Angus Hockton to consider a conditional suspended imprisonment order. But Mr Hockton decided an immediate term behind bars was the only appropriate sentence. “You have been treatment-resistant to your mental health and that causes me real concern,” he said. “Mental health can be mitigatory, but it isn’t always mitigatory if you aren’t someone that’s taking the help that is offered to you — there is a risk to the community.” Appearing via video link from Greenough Prison, Fogarty shook his head as the 10-month prison sentence was read out. The 28-year-old was also fined $500 for disorderly behaviour in public, $300 for stealing and $300 for criminal damage. “People go to shopping centres with their children and they shouldn’t have to be subjected to this behaviour,” Mr Hockton said. Fogarty was made eligible for parole with the prison term backdated to November 5.