AN Orange man earned himself 12 months in jail after an “overzealous” response to an argument where he punched a woman in the face.
David Allan Gersbach’s solicitor Mick Madden said it was a one-punch incident, but it had happened before “that legislation”, which included minimum sentences, had been introduced by the NSW government.
In Orange Local Court on Thursday he asked the magistrate, Terry Lucas, to take into account his client had pleaded guilty, not at the first available opportunity, but had entered a plea eventually.
“He hasn’t got a violent criminal history ... this is an isolated incident,” Mr Madden said.
He acknowledged the Nyrang Road resident had a common assault conviction from 2006, but was adamant his client was not violent.
“He has the motivation to move forward,” Mr Madden said.
Police facts stated on March 19 the 28-year-old had a verbal argument with the female victim. She left him and walked to a friend’s house.
At 3.20am she walked across Glenroi Oval with a friend, but was spotted by Gersbach, who started yelling at her.
Her friend left because he “did not want a part of it” and she began to walk quickly in the opposite direction to Gersbach.
He demanded money from her, but when she would not give it to him he punched her in the face, which brought her to her knees.
Police photos showed the bottom half of her face was covered in blood.
Police prosecutor Sergeant Andy Bobin disagreed with Mr Madden’s submission and said Gersbach had shown no remorse, because he did not show up to his hearing for the matter and was dealt with “ex parte”.
He was on good behaviour bonds at the time of the assault.
“It’s a punch to a woman ... I’d be asking for at least 12 months with a non-parole period of nine months,” Sergeant Bobin said.
Mr Lucas said, during sentencing, he took into account the fact Gersbach was on good behaviour bonds for crimes that were not related to violence.
He sentenced him to 12 months in jail with a non-parole period of six months.