Jordan Graham Holmes, 19, of Dubbo, was arrested after a violent altercation following the CYMS-Macquarie rugby league grand final on September 8 last year.

Holmes, then a second-rower with Macquarie under 18s, delivered three punches to a 51-year-old man, fracturing the victim’s eye socket and putting a tooth through his lip.

Prosecution facts tendered to Magistrate Andrew Eckhold said Holmes left the South Dubbo Tavern at 10pm after consuming four schooners of beer and two cans of bourbon.

In company with a group of friends he walked along Fitzroy, Ronald, Dalton and Gipps streets.

The victim was asleep when he heard the sound of banging coming from the front of his house.

The man got out of bed and walked outside where he saw a group of men on the footpath and road.

The victim yelled “f--- off”. Holmes approached the man and delivered two straight punches to his face.

The victim put his hands over his head in an effort to protect himself. The court heard Holmes delivered an uppercut punch to the face.

The victim retreated as Holmes continued walking. Police said he went to Bishop and Bourke streets before calling his girlfriend on his mobile phone.

She collected Holmes and took him to a house in East Dubbo where he had an argument with his father over the assault.

Holmes pleaded guilty to a charge of assault occasioning actual bodily harm and not guilty to causing reckless bodily harm.

After a hearing Magistrate Eckhold was not satisfied the grievous bodily harm allegation had been proven beyond reason doubt.

The charge was dismissed.

The magistrate said the offence was an example of a really bad assault occasioning actual bodily harm.

The hearing engaged in lengthy discussion about the legal category of harm.

As the victim sat in the rear of the court, Magistrate Eckhold said no one was minimising the injury sustained.

“The whole argument is grotesque but we have to work out the degree of injury,” the magistrate said.

The barrister representing Holmes said the assault had been limited to a three-punch combination of a right and left punch and uppercut “delivered as a defensive strike by someone with limited boxing training”.

The barrister said Holmes told police he immediately thought “S---, what have I done.”

“The incident was out of character,” the barrister said.

“He is well respected and has had no previous issues of violence.

“The incident occurred on September 8.

“He voluntarily attended alcohol and anger management counselling on September 26.”

Magistrate Eckhold told the court he did not think it was a matter for jail.

“It was a spontaneous act,” the magistrate said.

“The injury sustained was at the upper end of the range. It was not a reasonable response and cannot be said to be a provoked assault.

“Yelling out f--- off is not a reason to get punched in circumstances where a group of people are making a mess outside your house.

“It was not as though (Holmes) was grabbed by the lapels or presented by someone with a stick or axe handle.

“He was a drunk, fit, athletic man with boxing training who used it the wrong way.”

The barrister asked the court to consider a good behaviour bond.

“He is really sorry about this and will bear a conviction for the rest of his life,” the barrister said.

The police prosecutor argued for a suspended jail sentence.

“Drug and alcohol and anger management counselling occurred two weeks after the offence when the defendant had received a fact sheet and knew he was being charged,” the prosecutor said.

“After the first two punches the victim covered up, then an uppercut was delivered.

“If it was just two punches a good behaviour bond could be appropriate.

“The third uppercut punch was delivered when the victim was covering up and going down.”

Magistrate Eckhold said there was genuine concern about “these type of offences” and a need for general deterrence.

“He is going to be held up as an example to other young men who are drinking and may have had boxing training,” the magistrate said.

“He is not going out the other door (to the court cells) because it wasn’t planned.

“This is an aberration in your life in terms of your previous character

“I accept (the assault) was spontaneous but it was an inexcusable response.

“General deterrence is important for other young men on the street intoxicated.

“Young men very commonly engage in violence when they are intoxicated together, particularly in sporting clubs.

“People are entitled to look after their property.”

Magistrate Eckhold said a lot of good things had been said about Holmes.

“This represents a sad day for you but it may also be positive in turning your life around in relation to alcohol.

“Twelve months’ imprisonment is appropriate and because of your guilty plea I am prepared to suspend the sentence by placing you on a good behaviour bond.

An apprehended violence order was imposed for 12 months to provide protection for the victim of the assault.