A Narromine man was on parole when he picked up a tyre iron and entered into a fist fight at a large gathering in East Dubbo.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Shannon Robert Murphy, 35, attended Lunar Avenue in Dubbo as a large crowd of people began to congregate about 4pm on March 24.
According to police and as mobile phone footage depicts, as the incident unfolded Murphy was in possession of a tyre iron and was approached by two males armed with a cricket bat and sword.
READ ALSO:
The three "square off" before they all drop their weapons, however Murphy and one of the men enter into a fist fight, with a number of punches thrown.
The fight lasted a few seconds, before blood is seen to be coming from Murphy's forehead and the pair stop fighting.
A few days later Murphy went to Narromine Police Station, where he identified himself in the footage. He told officers he was in possession of the tyre iron, however said it was for self defence reasons.
In Dubbo Local Court Murphy pleaded guilty to affray and having custody of an offensive implement in a public place.
Defence lawyer Simon Colyer said Murphy had been in custody for three months and one day since the offence, as he had been on parole at the time of the incident.
Mr Colyer argued there was a level of provocation from the other men, and had only picked up the weapon in self-defence to intimidate them and prevent them from advancing toward him.
"There was a gentleman with a very long sword and another armed with a cricket bat, who were ready to use those items, we don't know who on," he said.
"It's a family member of Mr Murphy who was ultimately hit in the back of the head, which prompted Mr Murphy to take the item out of his vehicle."
"That item was not raised over his shoulder, he held it by his side."
Police prosecutor, Sergeant Edward Knight said a message needed to be sent that problems should not be solved with vengeance and retribution.
He said while he might have been acting in self defence, Murphy chose to continue into a fist fight.
"Obviously when the weapons were put to one side, he was more than willing to stand toe-to-toe and fight," he said.
"The community has seen devastating things from one punch attacks in the street."
Magistrate Gary Wilson echoed the prosecutions case, and said a message needed to be sent to the community that this type of offending, which was committed regularly, was not tolerated.
"Matters can't be resolved in this way," he said.
"The culture in relation to this type of offending has to be changed, and people must realise it cannot be accepted.
"Albeit may be accepted in the Indigenous population, I sat in Bourke for three years and it was a very common way for members in the community to solve their differences. But it's still a serious matter."
He said after viewing the footage of the incident a second time, it was a concern people turn up to events like this with weapons, particularly with children present.
While Magistrate Wilson recognised Murphy was on parole at the time of the incident, he did agree to a finding of special circumstances.
Murphy was convicted and sentenced to a 12-month term of imprisonment, with a non-parole period of seven months. The sentence was backdated to the time of the offence, and he will be eligible for release in December 2021.