A man who inflicted a chipped front tooth, bruising and cuts to his host during a sustained assault at the victim's home has been given a custodial sentence in Orange Local Court.
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Kyle Francis Metcalfe, 47, of Rawle Avenue, was an acquaintance of the victim and was drinking at the victim's house with the victim and their wives on July 26.
At 11.43pm the victim, who had gone to bed earlier, returned to the patio where the others were still drinking and CCTV captured Metcalfe punching him in the stomach and chest. He then punched the victim in the face and the victim attempted to walk away.
Metcalfe pushed the victim into an outdoor table and followed him into the house where he flung him onto a tile floor and attempted to kick the victim in the head but missed.
While they were wrestling on the ground, the victim struck Metcalfe in the back and face.
Metcalfe also threw a chair, which damaged the ceiling and wall, and he smashed a bowl on the floor.
The two women tried to intervene and the victim's wife phoned the police. When they arrived there was blood on the living room floor and on the patio.
Metcalfe had already climbed over the back fence and the victim was not charged as his actions were deemed to be self defence.
The victim sustained a chipped front tooth, cuts to his right ear and left eyelid and he sustained a lot of bruising to his face, arms and torso. He also had a bleeding nose that bled on and off for four days.
Metcalfe received a black eye and cuts to his head.
Solicitor Mason Manwaring said his client behaved "appallingly" and did not have an unblemished history.
"I'm not saying there was provocation but there was a misreading of the situation," Mr Manwaring said.
Magistrate David Day gave him a 12-month community-based custodial sentence by way of an Intensive Correction Order with 50 hours of community service and he ordered Metcalfe to abstain from alcohol for assault occasioning actual bodily harm.
He also fined Metcalfe $550 for damage to the living room and the ceramic bowl.
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