TWO men who delivered a flurry of punches and kicks to another man while he was curled up on the ground have escaped jail sentences.
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In Wagga Local Court on Friday, 41-year-old Tony Glen Pittaway appeared in person while 24-year-old Cody Ingram appeared via video link where they pleaded guilty to one count each of common assault.
The two Tolland men were convicted and each given a 30-month community corrections order, subject to supervision.
Court documents state that the assaults happened on the evening of October 23 last year after the victim threatened the offenders in Tolland.
The victim was yelling to the offenders: "Where's my money ... I'm going to kill you, you ripped me off $20."
About 20 seconds later, other witnesses heard a fight taking place near Brooks Circle and Raye Street.
While the victim was on the ground, Ingram punched while Pittaway kicked him a number of times.
The assault lasted less than a minute before the victim walked away.
He was heard to say: "I'll be back, I'll kill you."
The court also heard that later that night, the victim was embroiled in another street brawl in Tolland, leaving him with severe brain injuries that required surgery in Sydney.
However, the court was told the second assault did not involve Ingram or Pittaway and that it was not considered in their sentences.
Magistrate Imad Abdul-Karim said it was clear that the victim also suffered injuries from the first assault.
"I assess the criminality of the offenders to be well above the mid-range and towards the upper end of the scale for this type of offending," Mr Abdul-Karim said.
"The conduct by each offender involved punching and kicking at a time when the complainant appeared to lay helpless on the ground."
The conduct by each offender involved punching and kicking at a time when the complainant appeared to lay helpless on the ground.
- Magistrate Imad Abdul-Karim
However, he also said that there was an "element of provocation".
"While this element does not excuse the behaviour, it is a factor that reduces the moral culpability of the offenders," Mr Abdul-Karim said.
Outside of court, the victim said he did not remember all parts of the incident.
"I'm glad that the detectives tried their best, I'm still here," he said.
Pittaway was also ordered to pay a $500 fine while Ingram was ordered to pay $330.
Pittaway was also convicted of one count of damaging property. He declined to comment outside court.
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