A man who knocked a man unconscious after pushing him over at a party will appeal the custodial sentence he was given in in Orange Local Court on Monday.
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Magistrate David Day gave Ian Paul Wenham, 37, of Mathoura Place, an 18-month supervised community-based intensive correction order, with requirements he attend rehabilitation and treatment and abstain from alcohol for assault occasioning actual bodily harm.
According to police, Wenham and the victim were drinking alcohol at a birthday party in Molong about on July 6.
They were dancing and had a conversation together but 40 minutes after the end of the conversation Wenham returned and grabbed the other man by the front of his shirt and pushed him backwards.
There was a table in the way so Wenham readjusted and pushed the man again causing him to fall and hit his head on the cement floor, knocking him unconscious.
Onlookers ran to the victim's aid and called an ambulance and when police arrived a short time later ambulance personnel were treating the victim, whose head was still bleeding from a deep laceration.
He's been out of trouble for nine years, however alcohol has again brought him down.
- Magistrate David Day
The victim was taken to Molong hospital.
Wenham told police that he assaulted the victim because he believed he had made unwanted advances towards his wife during the night.
Solicitor Neil Jones said a plea was entered at the first opportunity and although Wenham's criminal history wasn't helpful he had cleaned up his act in the past 10 years and became a useful member of society and he stopped drinking for medical reasons.
"Obviously alcohol was a major factor in this," Mr Jones said.
Mr Jones said his client believed "his wife had been dealt with indecently by the victim, it's no excuse but it's provocation".
Mr Day said it was a serious assault and the offence was aggravated by his previous offending in the "dim- dark past".
"He's been out of trouble for nine years, however alcohol has again brought him down," Mr Day said.
- Wenham appealed his sentence in Orange District Court on October 18. In lieu of his custodial sentence he was given an 18-month community correction order with conditions he abstain from alcohol and participate in treatment programs.
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