Spent conviction for Albany farmer who dragged woman by her hair in ‘disturbing’ assault

A 30-year-old Albany farmer who dragged a woman across a pavement by her hair after an “out-of-control” cricket wind-up has avoided a criminal conviction. Zak Hortin’s 28-year-old victim sustained grazes to her knees and her right elbow as well as a cut and bruised forehead during the attack, Albany Magistrate’s Court was told last Thursday. She required specialist treatment for ongoing neck pain, the court was told. The February 29 assault — described by police prosecutor Sergeant Peter Yuswack as “quite disturbing” — was captured on CCTV at the corner of York Street and Stirling Terrace. In the footage, Hortin is seen grabbing his victim by her hair after she confronted him with a raised right hand, Sgt Yuswack told the court. He pulled the woman down, causing her head to hit the ground, before dragging her across the pavement for a short distance. He then released his grip and left the area. Sgt Yuswack said Hortin had become “increasingly frustrated” with the victim in the lead-up to the incident which resulted in a charge of assault occasioning bodily harm. The pair met inside Studio 146 at 1:20am while Hortin and four friends were celebrating a cricket wind-up, the court was told. Hortin and the woman were dancing until she became aware he was in a relationship, according to Sgt Yuswack. The woman then left the nightclub. Shortly after leaving the venue, she was met by Hortin and other revellers. A “heated verbal exchange” quickly escalated into the assault, Sgt Yuswack said. Magistrate Ralene Johnston told Hortin the conduct of his friends, who watched the assault without intervening, was “disgraceful”. Represented by Tom Percy QC, Hortin was granted a spent conviction — meaning the assault will not appear on his National Police Certificate. Mr Percy submitted a criminal conviction would prevent Hortin from obtaining a firearm licence, arguing his client would need one when his father steps down from operating the family farm. Sgt Yuswack told the court a prison sentence or intensive supervision order would be appropriate, but Ms Johnston placed Hortin on a 12-month community-based order. The magistrate said a prison sentence would be “absolutely appropriate” but told the 30-year-old she was swayed by his lack of record, remorse shown and the fact he engaged in victim mediation.