A MAN has been jailed after a vicious assault in a Bathurst hotel that left the victim with a fractured eye socket after being repeatedly punched in head.
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Justin Keith Robert Hadley, 27, of Bletchington Street, Orange was jailed for a non-parole period of 11 months after appearing before magistrate Catherine Follent in Bathurst Local Court on Monday.
Police facts outlined how Hadley was in the company of a co-offender when he assaulted the victim in the outdoor smoking area of the Oxford Hotel in the early hours of July 14 last year. Hadley later refused to identify the co-offender to police.
The court heard the co-offender held the victim's hands behind his head so he couldn't protect or defend himself while Hadley punched him at least six times around the eyes, causing a deep laceration and fracturing the eye socket.
The police facts said the victim was then escorted by security staff outside the hotel to nearby car park before catching a cab to Bathurst Base Hospital for treatment.
Hadley's solicitor Greg Schumer told the court his client had been exposed to violence throughout his life, both as a young baby and while serving time in prison after being convicted of an armed robbery.
Mr Schumer said while Hadley had never been assaulted in jail, he had witnessed a lot of violence and intimidation.
Upon release, Mr Schumer said Hadley had become paranoid and had been binge drinking.
The problem is a lot of his anger, when combined with binge drinking, turns to violence.
- Solicitor Greg Schumer
"The problem is a lot of his anger, when combined with binge drinking, turns to violence," Mr Schumer said.
Mr Schumer said Hadley - with the help of his wife, who was in court on Monday - had been given the opportunity to turn his life around.
He said a sentencing assessment report made for the court said, surprisingly, he was at low risk of re-offending.
Mr Schumer said his client was heavily involved in the lives of his children and had no contact with police since the offending conduct. He had also sought support for his mental health issues.
Mr Schumer conceded it was a "serious offence". Ms Follent said "quite clearly."
Mr Schumer then asked the court to consider an intensive corrections order for his client.
He said if his client was to be jailed he was at risk of being institutionalised and his rehabilitation efforts would be thwarted.
However, police prosecutor Darren Pearce said the offence was well above the mid range, describing the offence as "gratuitous violence".
In sentencing, Ms Follent referred to the police fact sheet, outlining how the accused punched the victim six times in the face while a co-offender held him, making it easier to inflict the blows.
Ms Follent said the offence was well above the mid range and while she gave "very serious consideration to the submissions" given by Hadley's solicitor, the message needed to be sent to the community that this type of drunken violence would not be tolerated.
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