Police said Adam David Bohun, 27, of Sunshine Bay Road, was waiting for a taxi in Orient Street on the afternoon of November 1 when he pushed a 60-year-old man to the ground.

Shortly before the incident, Bohun had spoken with police at a Batemans Bay Hotel where he had been drinking.

When Bohun left the venue, he phoned for a taxi and was told by the driver another man was already waiting.

When a taxi pulled into the curb, Bohun is alleged to have pushed the man in the chest and caused him to fall to the ground.

“The victim started to step towards the edge of the curb as the taxi got near the curb,” police said.

“As the victim stepped forward, the accused stepped towards him and pushed with both hands to his chest, knocking the victim right off the ground causing the victim’s head to hit the ground with great force.”

The victim said he experienced instant pain to the front and back of his head as a result of the assault, which led to a headache he described as “excruciatingly painful”.

Bystanders came to the man’s aid and he was transported to Batemans Bay Hospital where he was treated for serious head injuries.

Witnesses said Bohun left the scene after the incident and was arrested by officers nearby at Beach Road. 

Defence solicitor Geoff Knox said Bohun had little memory of the assault during his appearance in Batemans Bay Local Court on January 23.

“He (Bohun) thought the other bloke was jumping the queue and taking his cab,” Mr Knox said.

Magistrate Doug Dick labelled Bohun’s actions as “unacceptable”, but acknowledged he had acted out of character.

Bohun was convicted and fined $1500.