A Dubbo man who left a woman with blood pouring out of her head has been spared time behind bars, just months after being convicted of assaulting the same woman.
Stuart William Walsh, 28, lashed out at a woman after she had purchased him a bottle of American honey liquor for Valentines Day on February 14 this year.
According to court documents, the pair started arguing when he expressed his displeasure with what was purchased, but started drinking it with Coke later on.
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After Walsh had three drinks he started to push the woman repeatedly, and while outside a house on Smith Street, one of the pushes caused the woman to fall and hit her head on the cement.
Police said as a result the woman suffered a one inch cut to her head, causing a large amount of blood to pour out.
Walsh's mother, who was at the scene, helped the woman get back on her feet. She then fled and ran to neighbours for help.
Police arrived and found no one was home. However a short time later Walsh ran back to police.
Initially Walsh denied fighting with the woman and said there was no incident, before later claimed there had been an argument, but she had been drinking.
In court documents, police said at the time of the assault Walsh was on a community corrections order after being convicted of assaulting the same woman in 2020.
An ADVO was also in place for Walsh and was not meant to go near the woman after he had been drinking alcohol.
In September Walsh pleaded guilty to breaching an apprehended domestic violence order, and assault occasioning actual bodily harm.
In court on Thursday defence lawyer Jai Silkman said Walsh had "clear issues" with alcohol and this was a "major catalyst" for this incident.
Mr Silkman said the relationship between Walsh and the woman had ceased, and he had spent time in an intensive rehab program.
The court heard Walsh was also undergoing drug and alcohol counselling.
"He acknowledges and accepts this is a serious matter," Mr Silkman said.
"Mr Walsh spent three and a half weeks in custody prior to being granted bail on this matter."
Magistrate Theresa Hamilton said Walsh had demonstrated "controlling behaviour" which had "little to do with drinking or being on drugs".
"The assault is a relatively serious one involving causing a split to the back of the victim's head which bled profusely as a result of pushing the victim during an argument," she said.
"It's a matter of concern he was at the time on a community corrections order, for again a relatively serious assault with the same victim," she said.
Magistrate Hamilton also agreed Walsh's record didn't assist him, and had already been offered leniency.
"It was noted that his response to the original supervision was poor and that he did not report. He has shown limited insight insight into the seriousness of his offending in my view," she said.
Walsh was convicted and sentenced to a 15-month term of imprisonment, to be served in the community by way of an intensive corrections order.
He was also ordered to undertake 120 hours of community service.