Nurse accused of kicking a Chinese crested powderpuff in the face and stomping on an iPhone X after being caught up in a vicious dog fight escapes a conviction
- The retired nurse was charged in December for kicking the small dog in the face
- But new details of the case saw the disturbing allegations quickly withdrawn
- The court heard the 64-year-old was knocked to the ground by unleashed dogs
A retired Sydney nurse accused of kicking a dog in the face has been spared a criminal conviction after the full details of the case came to light.
Martin Toohey, 64, was knocked to the ground and hit his head on a wall when trying to separate a woman's unleashed two dogs, which had rushed towards his miniature schnauzer at Millers Point in central Sydney in December.
Police originally accused the local man of kicking one of the pups - Sootie the white powderpuff - after the dog was found with two missing teeth.
But that allegation was quickly withdrawn.
Martin Toohey (standing) was spared a conviction after being accused of kicking a Chinese crested powderpuff dog in the face
Police on Wednesday also withdrew a charge of offensive behaviour, having alleged that Toohey was verbally aggressive.
The 64-year-old was on Wednesday sentenced without conviction on the remaining charge of intentionally damaging property.
He admitted stomping on the woman's iPhone X and cracking the screen after it dropped from her pocket as she tried to regain control of Sootie and her border collie.
'It was a situation that spiralled out of control and he admits he let his temper overcome him,' lawyer Chris Kapsis told Downing Centre Local Court on Wednesday.
Agreed facts state Toohey told police he was angry because the 41-year-old woman hadn't taken any responsibility for the incident.
He promised to compensate the owner for the phone, the court heard.
Magistrate Jacqueline Trad placed Toohey on a six-month conditional release order, a type of good behaviour bond for less serious offences.
'There's no evidence this is your usual behaviour .... It seems it was provoked under the circumstances,' Ms Trad said.
The 64-year-old was (above) was sentenced without conviction on the remaining charge of intentionally stomping on a 41-year-old woman's iPhone X and cracking the screen. Mr Toohey has promised to compensate the owner for the phone, the court heard
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