A MAN who was part of an alcohol-fuelled brawl at Lake Canobolas on Australia Day has had his jail sentence halved and can serve it in the community.
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Garry Robert Bottle, 37, of Orchard Grove Road, was sentenced to two years’ jail with a 12-month non-parole period in October for affray.
But in Orange District Court on Friday, Bottle appealed his sentence.
He had been part of a family group drinking at the lake when a dispute began.
You don’t have a long history of violence, but there are some matters of aggressive conduct.
- Judge Robert Sutherland
Police said Bottle kicked and hit the two dogs with the group, prompting motorcycle club United Brothers Australia to intervene as the dispute escalated in front of at least 100 onlookers.
Bottle was left with broken bones in his hand.
The court heard from Bottle’s partner, Linda Wilson, who said one of the bikers pushed her when she tried to tell them to stay out of the family dispute.
“That’s when they ended up having the brawl,” she said.
MAP: Where the incident occurred ...
Ms Wilson disputed Bottle was cruel to the dogs, saying one attacked Bottle and he was trying to free himself.
The court also heard from Bottle via video link, who confirmed he had stopped drinking since the incident.
“Because of my family and my health – I had a stroke,” he said.
With a child on the way within days, Bottle said he intended to be a family man if he was released.
The motorcycle club members said they were sober at the time of the incident and were not charged, however Judge Robert Sutherland found it curious only two people had faced the courts.
He noted only 13 per cent of affray charges resulted in a full-time custodial sentence and only 3.6 per cent were two years or more.
Taking into account Bottle’s epilepsy and previous stroke, he instead handed down a 12-month intensive corrections order, requiring Bottle to abstain from alcohol and illicit drugs and complete 80 hours’ community service.
“[Your medication] doesn’t mix well with grog,” he said.
“You don’t have a long history of violence, but there are some matters of aggressive conduct.”
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