A man who held a knife to another man’s throat at a party has been released on bail after launching a severity appeal in Orange Local Court.
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Jay Charles Nixon, 19, of Nyrang Street, is appealing a 16-month jail sentence he was given with a 12-month non-parole period.
He was given the jail sentence after he pleaded guilty to being armed with intent to commit an indictable offence on the day the matter was supposed to go to a hearing, so he did not receive a sentence discount.
He was also given a two-year supervised community correction order for assault.
The knife was used to commit the assault, it was actually held against the victim’s throat.
- Magistrate David Day
Magistrate David Day said the assault was on an attendee at a New Year’s Eve party close to 1am.
“[Nixon] went there armed with a Smith and Wesson brand rescue knife,” Mr Day said.
Mr Day said according to police, Nixon grabbed one victim by the neck and pushed him against the wall.
Mr Day said another man got involved but was put in a headlock and the knife was put to his throat.
“The knife was used to commit the assault, it was actually held against the victim’s throat,” he said.
Nixon’s solicitor Clive Hill said his client was employed and had only a vague memory of the events.
“Alcohol seems to be the main criminogenic factor,” Mr Hill said.
“If he learns to manage his use of alcohol he will be a useful member of society.”
The severity appeal will be heard in Orange District Court next year.
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