A Dubbo man who scaled the fence of the Commercial Hotel and sparked a violent brawl which left one man unconscious has been slapped with a fine.
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James Pomfret, 30, had been drinking at multiple venues in Dubbo throughout the evening on October 22 this year.
According to police, there had been altercations and arguments between Pomfret and two other men at another venue, which led to the brawl that broke out at the Commercial Hotel.
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About 10.10pm Pomfret was in the outdoor seating area at the Commercial Hotel, when he spotted the two men in the car park.
CCTV footage played in court showed Pomfret scale the fence of the seating area and enter into the car park, where a violent and physical confrontation of about 20 people and onlookers took place.
Police said Pomfret and the two men were all equally involved giving and receiving a flurry of punches and kicks, which continued for about five minutes around the back of the hotel and out of CCTV range.
Hotel security contacted police, who arrived and spotted one of the men lying unconscious in the car park with the other man standing over him.
Court documents said when he spotted police, the man ran away through the car park. After a short foot pursuit, he was arrested as he was suspected for the assault on the man lying unconscious.
After speaking to police, the man told officers he didn't knock the other man out, and said "someone punched him, so I punched the c--t". He was later
NSW Ambulance paramedics arrived and took the man to hospital. Police viewed CCTV footage, and spoke to management of the hotel, who identified Pomfret as an employee at the venue.
According to police, the CCTV footage "clearly captured" the three intensified the violence and continued to act in a manner for several minutes.
They said the actions of Pomfret would have caused people of reasonable firmness to fear for their own safety.
The next day police arrested Pomfret at an address in Dubbo.
In Dubbo Local Court last week Pomfret pleaded guilty to a charge of affray.
Defence lawyer Michael Powell said given the CCTV's limited range of view, it would be difficult to prove beyond a reasonable doubt what occurred, or that Pomfret dealt the blow that knocked the man unconscious.
"In my submission things don't occur in a vacuum," Mr Powell said.
"I'm instructed by Mr Pomfret he was with some friends at South Dubbo Tavern earlier that night, and some blokes were playing up ... when his friend said some words to these people."
"A few people who weren't involved in what happened earlier decided to jump in," he said.
"Half a dozen were in the actual fight, everyone else was standing there watching the show."
Mr Powell said as a result of the brawl Pomfret had sustained a fractured nose, and lost his job working at the Commercial Hotel.
The court heard Pomfret was now working with Dubbo Allfence, and had recently negotiated to buy into the partnership.
"He instructs me he works 45 hours a week, and covers a geographic between 200 and 300 kilometres from Broken Hill, to Nyngan, Bathurst and Mudgee," Mr Powell said.
Mr Powell said his client had a limited criminal history, apart from one matter when he was given an intensive corrections order - a jail term in the community.
"He's entered early pleas, that is possible the most practical demonstration of remorse you can have," he said.
Magistrate Gary Wilson said affray was a serious charge and held serious concern for public fights.
"You don't have to jump the fence and get stuck into other people, just because some words are spoken," Magistrate Wilson said.
Taking into account Pomfret's loss of work from the incident, he was convicted and fined $2000.