A DISPUTE in January at an Orange shopping centre turned violent when one man continuously punched another man in broad daylight.
James Charles Taylor punched his victim in the face, several times, at 1.30pm on January 22 but his solicitor Philip Boncardo argued in Orange Local Court on Thursday, his client was provoked.
Mr Boncardo said Taylor was not acting in self defence but there was no premeditation to his crime.
Taylor, 40, had suffered a personal tragedy some years ago and the victim made a derogatory comment which brought up an emotional response to that tragedy, Mr Boncardo said.
“He acknowledges his behaviour is unacceptable and it was a spur of the moment decision,” Mr Boncardo said.
According to police facts, Taylor continuously punched the victim while he put his hands in front of his face in an attempt to defend himself and escape.
Eventually he was able to and he reported to police with grazes on his arms and redness in his eye.
The incident was caught on CCTV cameras.
Magistrate Terry Lucas said he was considering sending the Thorpe Place resident to jail.
But Mr Boncardo argued Taylor’s previous issues with drugs were over and he had not touched them for about seven years.
He said Taylor’s criminal history was evidence of his commitment to keep clean because since 2005 there had only been one incident in 2010.
“His contrition is genuine,” Mr Boncardo said.
Mr Lucas said Taylor could thank his solicitor because he prevented him from going to jail.
He was sentenced to a good behaviour bond for 12 months.