WILLIAM Shane Smith will appeal his sentence after his involvement in an affray two years ago was met with 18 months' jail in Orange Local Court on Monday.
The fight occurred in Dubbo on Remembrance Day, 2017 where a male victim was left unconscious on the pavement with a laceration to the back of his head.
According to police, Smith, 20, now of Jasper Street, Orange, and his brother approached another male on the corner of Talbragar and Macquarie streets in Dubbo about 3.28am.
The victim approached the group and Smith spread his arms to instigate a fight.
During the altercation, he struck the victim to the left side of the face with his left fist and kicked him on the ground after he stumbled over a chain separating the footpath from the road.
When the victim picked himself up, Smith punched him again in the face with his left fist and the victim fell backwards, hitting his head on the bitumen and was knocked unconscious.
He didn't need to [kick him], he slammed him.Magistrate David Day
He suffered the laceration on impact, which bled heavily, and Smith's brother, David Smith of Whylandra Street in Dubbo, kicked him to the right side of the face.
The incident was captured on CCTV and the men were arrested the next day.
William Smith told police he was drunk and could not recall the incident.
Barrister Julie Webb argued as Smith's brother had already been sentenced to 14 months' jail, having been the one to kick the victim when he was unconscious, her client's actions were less severe and warranted a lesser sentence.
"Mr Smith didn't go back in," she said.
However, magistrate David Day held Smith's conduct the worse of the two because he landed the previous three blows.
"He didn't need to [kick him], he slammed him," he said.
Ms Webb said her client had removed himself from Dubbo, leading a quiet life in Orange, and intended to pursue landscape gardening.
"He's been making a lot of effort to rehabilitate himself," she said.
Police prosecutor Sergeant Beau Riley indicated the outcome could have been worse.
"If it wasn't for luck, we wouldn't be in this court," he said.
Mr Day sentenced Smith to 18 months' jail with nine months' non-parole.
"The community is absolutely fed up with drunken violence," he said.
He will apply for bail on Monday, pending appeal.
Updated May 27: Smith was later refused bail by magistrate Brian Van Zuylen and will await his appeal in custody.
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