Former Dubbo resident William Smith will appeal his sentence after his involvement in an affray two years ago was met with 18 months in jail.
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The fight occurred in Dubbo on Remembrance Day, 2017 where a male victim was left unconscious on the pavement with a laceration to the back of his head.
According to police, Smith, 20, now of Jasper Street, Orange, and his brother approached another male on the corner of Tabralgar and Macquarie streets in Dubbo about 3.28am.
The victim approached the group and Smith spread his arms to instigate a fight.
During the altercation, he struck the victim to the left side of the face with his left fist and kicked him on the ground after he stumbled over a chain separating the footpath from the road.
When the victim picked himself up, Smith punched him again in the face with his left fist and the victim fell backwards, hitting his head on the bitumen and was knocked unconscious.
He suffered the laceration on impact, which bled heavily, and Smith's brother, David Smith of Whylandra Street, kicked him to the right side of the face.
The incident was captured on CCTV and the men were arrested the next day.
William Smith told police he was drunk and could not recall the incident.
Barrister Julie Webb argued as Smith's brother had already been sentenced to 14 months' jail and he had been the one to kick the victim when he was already unconscious, her client's actions were less severe and warranted a shorter sentence.
"Mr Smith didn't go back in," she said.
However, magistrate David Day held William Smith's conduct the worse of the two because he made the previous three blows.
"He didn't need to [kick him], he slammed him," he said.
"The community is absolutely fed up with drunken violence."
Ms Webb said her client had removed himself from Dubbo, was leading a quiet life in Orange with his partner, and intended to start a landscape gardening course at TAFE.
