A Dubbo man banned from the Milestone Hotel for life has escaped jail after spitting in a worker's face and slapping her.
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Corben Carney was in the pokie room of the hotel, when a staff member recognised him about 12.15am on January 23 last year.
According to court documents, four months prior the 33-year-old was involved in an altercation which saw him receive a life ban from the hotel.
Police said Carney had continued to return to the hotel despite being told he had been banned for life.
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The staff member approached Carney to ask him to leave, after telling her colleague to watch her as he had a history of resistance and aggression.
The woman asked Carney what he was doing at the hotel, when he told her the boss had let him in.
The hotel worker contacted the licensee who confirmed he was still banned for life, and instructed her to remove him from the premises.
Carney continued to refuse to leave, before telling the woman "what are you gonna do? You'll have to drag me out".
He remained seated while arguing with the woman, before he leant forward and spat in her face. Carney then got up and slapped the woman in the face which caused her to fall to the ground and hit her head on the toilet door.
The woman got up and told Carney to "get the f--k out", when he continued verbally abusing her.
As he began to walk out of the hotel, he continued to spit at the woman another four times as she followed him out.
The altercation continued outside, but eventually led back to the corridor inside the hotel when Carney stood in front of the hotel worker who had her back against the wall and spat at her a number of times.
He was was escorted outside, when police arrived.
Carney told officers the woman was in his face and while she was talking to him was spitting so he spat back at her.
In Dubbo Local Court on Thursday, Carney pleaded guilty to assault, entering a premise without a lawful excuse, stalk and intimidating intending fear or physical harm and being an excluded person failing to leave a premises.
Defence lawyer Jessica Kitch said while Carney's criminal history didn't assist him, it did show gaps in offending and compliance with good behaviour bonds.
She said Carney was a labourer currently working in Sydney six days a week on construction of the new NRL stadium.
The court heard he was undergoing drug and alcohol counselling as a result of an intensive corrections order imposed in January for a high-range drink-driving offence, and had been diagnosed for depression but was now on medication.
"Clearly the incidents are alcohol related, and that's something he's actively addressing," Ms Kitch said.
Magistrate Theresa Hamilton said he had a concerning criminal history of assault, including an assault on an officer in 2010 where he received a term of imprisonment.
However she noted he had taken positive steps in his life more recently.
"The sentencing assessment report notes he has expressed regret for his actions and wanted to apologise," she said.
"He seemed to accept the incident was entirely his fault and expressed some understanding of how it would have impacted the victim."
Carney was convicted and sentenced to an 18-month community corrections order.