Two brothers have been convicted in Orange Local Court after becoming involved in an affray, during which one of them was held upside down.
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According to police, brothers Charlie Ernst Keogh, 21, and Harley Ernst Keogh, 25, were walking along Summer Street about 12am on December 1, 2018, when they came across a group of other men.
Harley Keogh and one of the other men then started yelling and threw their drinks of alcohol on the ground and walked towards each other.
Harley Keogh then attempted to punch the other man who avoided the hit, maneuvered behind him, picked him up in a bear hug and tipped him upside down.
While his brother was being held upside down Charlie Keogh approached and punched the man holding his brother twice in the face with upper cuts causing bruising around the man's mouth and nose and a split lip.
Bystanders then intervened, and the brothers left the area.The offence was committed one day into an intensive correction order that was given to Charlie Keogh.
However, solicitor Nico Rump said to a degree it was a case where Charlie Keogh was coming to the aid of his brother.
"His brother was held upside down and was at significant risk of harm," Mr Rump said."His response was excessive."
Magistrate David Day sentenced both brothers on the same day.
"Even if it is low end affray it's still in the custody zone, it's a serious offence," Mr Day said when he was sentencing Charlie Keogh.
Although Harley Keogh tried to punch the other man in the fight, he missed and Mr Day said he "came second" and got held upside down.
"It's still an assault but it's not as serious as the other two persons," he said.
Charlie Keogh, of Grace Rise, was given a two-year community correction order with 30 hours of community service for his role in the Summer Street affray.
Harley Keogh, of Ellengerah Street, Narromine, was given a 12-month community correction order with 50 hours of community service for his role in the fight.
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