A 22-year-old Cobar man who was sent to jail after a 'disturbing' attack on a group of men in Dubbo's CBD has been granted conditional bail while he appeals the severity of his sentence.
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John Stirling was sentenced to 18 months behind bars by Magistrate Gary Wilson after he was convicted of three counts of assault and one count of affray in Dubbo Local Court on April 15.
Stirling pleaded guilty to the attack - which was captured on CCTV - and took place after a night of drinking at the Pastoral Hotel on August 22 last year.
Stirling was with a group of people when the fight broke out on the corner of Talbragar Street and Carrington Avenue about 3.30am.
In court he claimed the attack took place because he heard his sister cry out for assistance and he had instantly "gone into protector mode" and "blacked out".
Stirling approached the first victim and with one punch to the face knocked him to the ground, where he laid unconscious for 15 minutes.
While that victim was on the concrete, Stirling then punched another two men.
He and his friends then left the scene to go to the Commercial Hotel.
The attack was captured on CCTV, with police stating "at no point on the footage can any three victims be seen to throw a punch during the entire incident".
Defence barrister Matt Fordham lodged an appeal against the severity of the prison sentence handed down.
After two weeks behind bars, Stirling's application for bail was heard in the Dubbo District Court on Tuesday.
Mr Fordham said Stirling had a good job available at the mine in Cobar if he were granted bail by the judge on Tuesday. He also argued that when Stirling was on bail for this matter before he was sentenced he complied with all conditions.
However the court heard Stirling had been on bail for unrelated drug offences in Wagga Wagga when the assaults took place in Dubbo.
Judge Nanette Williams told the court Stirling was convicted of supplying a prohibited drug in October last year and sentenced to an intensive corrections order - a prison sentence served in the community.
Despite the conviction Judge Williams said Stirling had a "limited" criminal history, which he should be credited for.
Stirling was granted strict conditional bail and required to reside with his mother in Narromine, not enter any licenced premises, abstain from alcohol and drugs and abide by a curfew between 10pm and 4am when he's not working.
The severity appeal will be heard in Dubbo on May 17.
Zaarkacha Marlan
Court and crime reporter at the Daily Liberal. Formerly the sole journalist for the Nyngan Observer, Narromine News and Trangie Advocate.
Court and crime reporter at the Daily Liberal. Formerly the sole journalist for the Nyngan Observer, Narromine News and Trangie Advocate.
