A MEALY melee which occurred in a late-night kebab store lineup has landed a perpetrator with a curfew and drinking ban.
Mark Stapleton, 30 of Monett Place, will serve a seven-month jail sentence in the community after he faced Orange Local Court for assault occasioning actual bodily harm in company.
According to police, Stapleton was waiting in line at a Summer Street kebab shop at 1.15am on February 9 when another man in the line felt he was standing too close and asked him to step back.
Police said after a short conversation, Stapleton punched the man in the head at least nine times.
During the assault, another man took hold of the victim and Stapleton punched him another three times.
The three wrestled on the ground before Stapleton stood over him, kicking him in the upper body and his head hit the concrete.
Something went seriously wrong if you lost all control because you had too much to drink - it's such a minor event.Magistrate Elizabeth Ellis
Stapleton and the other man started to walk away, but the three ended up in another skirmish, with Stapleton punching the victim in the head another four times.
The victim initially suffered a number of cuts and bruises to his face, plus a graze on his knee, but ended up requiring a dental repair and treatment for a haematoma.
His reading glasses also broke during the incident.
Solicitor Clive Hill conceded alcohol had been a factor.
"My client is very embarrassed and distressed with his actions," he said.
Mr Hill said his client was employed and volunteered with sporting groups.
Police prosecutor Sergeant Carl Smith said despite the fact it was Stapleton's first offence, the violent nature of the incident meant a custodial sentence should be considered.
Magistrate Elizabeth Ellis said her concern was the "repeated attacks".
"Something went seriously wrong if you lost all control because you had too much to drink - it's such a minor event," she said.
She handed down an intensive corrections order, requiring Stapleton to remain at home between the hours of 10pm and 5am for the term of the offence and to abstain from alcohol.
He was ordered to pay $815 in compensation.
The second man, who was also accused of throwing a number of punches, has pleaded not guilty and is awaiting hearing.
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