After serving more than the non-parole period of a custodial sentence for assault occasioning actual bodily harm, a man was found not guilty of the charge in Dubbo District Court after an appeal.
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But Paul Holmlund was remanded in custody last week with continued bail refusal for a pending matter of assaulting police.
The 38-year-old pleaded guilty to the offence of assaulting police before Acting District Court Judge Sir Robert Woods in Dubbo the week before last and is due to be sentenced in December.
His appeal against conviction for the assault occasioning bodily harm matter related to an incident at the Burrendong Hotel in Mumbil, when he became involved in a fight with another man.
Holmlund was convicted by Magistrate Lucas in Wellington Local Court and sentenced to 12 months imprisonment with a nine-month non-parole period, beginning November 5 last year.
He was later sentenced to seven months in prison with a non-parole period of five months, beginning August 5 this year by Magistrate Howard Hamilton in Dubbo Local Court for assaulting police, unrelated to the assault of police matter to be heard in December.
He further received a three-month fixed term of imprisonment for wilfully obstructing police, also beginning August 5.
Those offences occurred on November 6 last year when he was being taken from court after appearing for the assault occasioning actual bodily harm charge.
The pub assault sentence was quashed last week by Judge Woods and the assault and obstruct police sentences were reduced.
Holmlund’s assault police sentence was changed to a fixed term of two months and his obstruct police sentence was reduced to a one-month fixed term.
They were both backdated to November 5 last year, and have therefore already been served.
Evidence was called during the appeal against conviction, from two witnesses at the pub and from a Wellington police officer.
The fight occurred on May 16 last year with the now deceased Shane Ross.
The court heard the pair became involved in a “scuffle” and were both throwing punches and heading toward the door before being separated by other patrons.
Seven people were at the pub at the time including the bar tender and a child who was in the dining area.
Holmlund will appear before Judge Woods again for the unrelated assault police matter in the December District Court sittings.