A MINE worker has been sentenced to jail for smashing a beer glass into the head of a man during a fight at a Dubbo hotel.
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Mitchell Lee Smith, 26, appeared shocked when Dubbo Local Court Magistrate Brian van Zuylen said jail was the only appropriate penalty.
Minutes earlier Smith's solicitor had asked the court for a bond, citing his remorse, steps taken to curb alcohol consumption and empathy directed towards the glassing victim. But Magistrate van Zuylen would not be swayed.
"You smashed a glass into a man's head during a fight that had nothing to do with you,'' the magistrate said.
"You had been drinking all afternoon. There was a verbal disagreement (between other people) in a hotel. Punches were exchanged and you intervened striking the victim to the temple.
"The victim was covered in blood and his head was bandaged before he was taken to Dubbo hospital for treatment.
"He received nine stitches. You left the hotel in a vehicle despite being told to remain on the premises by hotel staff.''
The court heard Smith was arrested the next day and charged with reckless wounding.
Magistrate van Zuylen accepted Smith was a good worker with ongoing support from his family and employer.
"You are an exploration driller in the mining industry working on a fly-in, fly-out basis," he said.
"The court sees that you have been consuming too much alcohol for too long.
"(Glassing) is a serious offence and the community demands a penalty of general deterrence.''
Magistrate van Zuylen ordered Smith to be assessed for an intensive correction order (ICO).
If deemed suitable he would be able to serve the jail sentence in the community instead of a correctional centre.
The order would require Smith to complete community service and programs addressing offending behaviour.
Under the terms of an ICO he would be subject to electronic monitoring, random unannounced home visits, drug and alcohol testing and a curfew.
Smith was ordered to reappear in court on December 11 for sentence.
When asking for a bond Smith's solicitor said the offence was not so much about the use of a glass but the culture of alcohol consumption in Australia.
"He has taken steps to address his offending behaviour,'' the solicitor said.
"The pre-sentence report indicates my client has displayed insight and remorse. The violence is out of character.
"This is a young man of great potential. The need for general deterrence needs to be tempered by his circumstances and efforts made to gain help.''
Magistrate van Zuylen said Smith would have to put work aside until the jail sentence was completed.