Leslie Charles Cobby sentenced after recklessly wounding NSW Police officer Peter McKenna

Leslie Charles Cobby, 46, has been handed a jail sentence he can serve in the community after recklessly wounding former Orana Mid-Western Police District commander, Superintendent Peter McKenna.

Tensions began when police were were gathering at the Commercial Hotel on June 18 last year, following the funeral of an ex-police officer, who died after a battle with PTSD.

According to an agreed statement of facts, Mr McKenna and Cobby - who had been a dog handler in the NSW Police Force - were known to each other, but never worked together.

Mr McKenna arrived at the hotel shortly after 10pm to have a drink with a number of police when he was approached by Cobby.

Cobby asked Mr McKenna if he had attended the funeral, but Mr McKenna told Cobby he had never met the man who passed away or worked with him.

READ ALSO:

"That's pretty p--s weak don't you think?," Cobby told McKenna who asked what he was talking about.

"A bloke works for you command for 30 years and you can't even go to his funeral," Cobby said.

Mr McKenna responded by telling him, "he didn't work for me mate and what would you have me do, go to every ex-cops funeral, whom I haven't met across the state?".

Cobby said "yes" when Mr McKenna told him to "wake up to himself". As Mr McKenna went to walk away, Cobby shouted "you're weak as p--s you c--t".

"Les, just f--k off and leave me alone," Mr McKenna responded.

Cobby was holding a Bilpin Cider bottle when he moved toward Mr McKenna stopping short of headbutting him, court documents stated.

Mr McKenna then pushed him away with one hand to create a distance between them, which caused Cobby to stumble back.

CCTV footage showed Cobby immediately grab Mr McKenna around the throat forcing him backwards.

The pair land on the ground, and Mr McKenna at some point was struck by the glass cider bottle on the forehead.

Mr McKenna was taken to Dubbo hospital and placed under general aesthetic where he was required to have 10 stiches. Court documents said the injury would result in a "significant scar" to his forehead.

In Dubbo Local Court on Thursday, the prosecution said Cobby had admitted to consuming about 20 full strength schooners at the time of the incident.

They said the incident was a "serious example" of alcohol-fuelled violence in a public place, and imprisonment should be considered.

While the prosecution said Cobby hadn't apologised to Mr McKenna, Cobby's defence solicitor Jai Silkman explained a no-contact order was in place between the two, preventing an apology.

The prosecution went on to suggest the bottle was intentionally swung, however Mr Silkman stated the footage showed his client very intoxicated, and the incident unfold very quickly.

He argued there was no intention when the bottle in Cobby's hand came into contact with Mr McKenna's head after they both fell to the ground.

The court heard Cobby had been discharged from the NSW Police Force in 2015 due to PTSD, and had since been self medicating with alcohol.

Mr Silkman explained, the sentencing assessment report outlined the incident was a "wake up call" for his client, who had since begun receiving counselling for his mental health.

"He felt bereaved and was highly intoxicated, and made what was a terrible decision," he said.

"Its obviously very unfortunate it took an incident like this to realise he needed more help, and get a handle on his PTSD and mental health."

Mr Silkman argued Cobby had good family support, and facing "very real" issues at the time of the offence which he is now addressing, and a jail sentence could be served in the community.

"It's clear from the CCTV it happened very quickly, really in seconds," Magistrate Theresa Hamilton said.

From a doctor's report Magistrate Hamilton recognised Cobby had been particularly affected by the funeral and its circumstances, and because of his own struggles of PTSD it "hit him very hard".

"Its fair to describe it as alcohol fuelled violence, but alcohol was just the surface of what happened," she said.

She said however, the offending was of such significant nature, it required a punishment that reflected that.

Magistrate Hamilton accepted since the incident, Cobby had taken significant steps to address his PTSD including counselling, and a term of imprisonment could be served in the community.

Cobby was convicted and sentenced to a 12-month intensive correction order, 150 hours of community service work, and ordered to continue counselling.