A man who lashed a woman with racist slurs and spat saliva and blood in her face multiple times when she tried to deescalate the situation was jailed when he appeared in court.
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Magistrate David Day sentenced Jackson Kennedy, 48, of Cassey Crescent, to full-time jail in Orange Local Court for a charge of affray saying he was so drunk "his racial prejudice came to the fore".
"There are three victims in this matter, a female in her 40s, a young man aged 20 at the time and another female in her 40s," Mr Day said.
"It's relevant that the victim at the time did not know Mr Kennedy.
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"[He's] motivated by hatred or prejudice of a group of people."
The offending took place in an Orange street between 1.40pm and 1.55pm on February 19, 2020.
Mr Day said Kennedy had consumed an unknown volume of alcohol and was yelling obscenities at two young men at a nearby house saying, "youse [sic] are gone, it's going to be on today".
He said Kennedy also walked onto the middle of the road to confront one of the men and said "I'm going to get you".
The young man's mother then came out and yelled at him to get away from her children but Kennedy ran at her, knocked her to the ground and lay on top of her before other people pulled him off her and tried to restrain him.
Kennedy ran after the young man again but was restrained by witnesses. Another woman then tried to calm down the situation. However, Kennedy, who had a bleeding nose, abused her and called her racist names then spat blood and saliva in her face four times.
Solicitor Andrew Rolfe said Kennedy entered a guilty plea at a late stage on the day it was scheduled for a hearing.
He said the former bricklayer had significantly reduced his alcohol consumption and also has a number of health problems, including issues with his spine and hearing, and he's now on a disability support pension.
"He does have a history but he hasn't been before the courts ... the prior offending was 10 years ago," Mr Rolfe said.
[He's] motivated by hatred or prejudice of a group of people.
- Magistrate David Day
Mr Day said Kennedy had prior convictions for common assault, supplying a small quantity of a prohibited drug, as well as intimidation.
"His age makes me think that any prospects of rehabilitation would have to be guarded," he said.
"I will not stray into the intoxication area, I'm prohibited from taking that into account.
"[He was] so intoxicated that his racial prejudice came to the fore."
Background reports submitted to the court indicated Kennedy no longer drinks alcohol but he also exhibited "no remorse or insight regarding his actions", he indicated "no remorse towards the victims" and he could not offer alternative course of action to avoid his offending.
"This matter in my view falls below mid-range but is still sufficient to warrant appropriate condign punishment.
"Community safety can only be serviced if Mr Kennedy is not in the community."
Mr Day sentenced Kennedy to 12 months' jail with a nine-month non-parole period. However, he later released him on bail pending a sentence severity appeal that is to be heard in the District Court.
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