A Forbes man who punched someone twice in the head at the Victoria Hotel on Baylis Street has had his community service hours almost slashed in half.
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Isaac Peter Bernardi, 28, pleaded guilty to assault occasioning actual bodily harm earlier this year and was ordered to perform 300 hours community service work.
Bernardi was at the Vic on November 18 last year when he punched his victim twice in the head; the first blow knocked him to the ground, the second following when he was already down.
On Thursday, Bernardi successfully appealed that sentence in the Wagga District Court and had his order cut down to 175 hours.
Defence barrister Christine Mendes argued her client was acting in defence of his brother that night and is not usually a violent person.
“The victim, it appears, had a hold on the defendant’s brother’s shirt and spoke aggressively against a background of the victim having, a short time earlier, pushed his brother some two metres out of the way,” Ms Mendes said.
“His partner, having spoken to him at length, believes his dedication and commitment to his family is what caused him to overreact.
“His father is present … while he is supportive, I can assure you that many words have been spoken in the family home about how disgusted Peter Bernardi is with his son’s conduct.”
Crown prosecutor Nina Wojcik said the court needed to send a strong message about alcohol-fuelled violence.
“This offending is alcohol-fuelled violence involving two strikes to the head,” Ms Wojcik said.
“The first caused the victim to fall to the ground, the second blow to the head was delivered while the victim was on the ground – the injuries are serious for this type of offence and entailed 18 to 20 stitches.”
However, after hearing that Bernardi works 70 hours a week and would have to do a three-hour round trip from Forbes to Dubbo to perform weekend community service, Judge Jennifer English granted his appeal and slashed his hours.
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