Lucas Tevita faces court for pushing woman fracturing her elbows at Orange hotel

Custodial officers were called into the courtroom ready to take Tevita Lucas, 25, of Frederica Street, down to the cells when he appeared in Orange Local Court for sentencing.

Magistrate David Day, however sent the officers away after discovering Lucas had no criminal record.

"How on earth could this have happened, he was intoxicated, he was obliged to be removed," Mr Day said.

"He was moderately intoxicated, assaults a patron and breaks both her elbows. He pushed her and she went down entirely fracturing both elbows.

"On first blush he should go to jail, however I will hear from Ms Duncan."

Solicitor Katarina Duncan said Lucas pleaded guilty at the earliest opportunity and had zero history of violence.

"For that reason he's not going to jail," Mr Day said. "He should have been turned out under the Liquor Accord.

"There's a couple of licensed premises here that appear to be starring routinely."

Ms Duncan said Lucas was also employed in the construction industry, and works with Aboriginal youth.

She said the female victim was also intoxicated and was involved in a confrontation with another woman, and an initial deescalation didn't work.

According to police, the assault took place after 12.30am on November 11, 2021, at a hotel in Orange when the victim and another patron who was in Lucas' company got into a heated argument.

Police said Lucas pushed the victim to the floor and when she fell she landed on her elbows but she got back up and got into a physical altercation with a female co-accused who pulled out some of the victim's hair.

The victim attended Orange hospital and was told her injuries would not leave permanent damage.

The co-accused had already been sentenced in the matter and received a Conditional Release Order without conviction for her role in the assault. She is not named due to not receiving a conviction.

"Only because he doesn't have a violent record at all he won't be going into custody," Mr Day said of Lucas.

"Mr Lucas is completely unknown to the criminal world, he doesn't have any previous convictions what-so-ever.

"What he should have done is inform the staff ... this isn't the wild west and we don't have vigilantes."

He fined Lucas $550, placed him on a 12-month Community Correction Order and ordered him to complete 20 hours of community service.

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