A man has avoided prison time for assaulting a teenager in central Wagga last year.
The Mount Austin man appeared in Wagga Local Court on Wednesday after he pleaded guilty to assault occasioning actual bodily harm.
On July 27, the teenage victim was walking home after spending some time with the defendant's daughter when the 39-year-old pulled to the kerb and jumped out.
Documents tendered to the court said he moved towards the victim in an aggressive, violent matter shouting at the victim "I told you to stay away from my daughter".
He then lunged forward and pushed the victim in the chest with both hands, causing him to lose his footing.
The defendant then grabbed hold of him and punched the victim to the right side of the head.
The pair continued to scuffle with the victim telling the defendant to "get off, get off, get off".
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The victim managed to throw his attacker to the ground in self-defence and they continued to wrestle, during which the victim's finger was bent back.
The victim again said to the defendant "are you going to stop or what" and he replied "I'll stop if you stop".
The defendant counted down before letting go and driving away.
That night, the victim attended Wagga police station to report the assault, and officers took photos of his injuries, including red marks to the face and neck, a haematoma with a small one centimetre scratch behind the victim's right ear and an injured ring finger.
They also obtained CCTV footage of the incident from a nearby hotel. The attacker was arrested on July 30.
Solicitor John Weir told the courts the defendant does not have a history of personal violence.
"He is not someone prone to acts of violence," he said. "He is otherwise a responsible, hardworking person."
Mr Weir said the facts do not shed light on any potential provocation, but the assault was "an overreaction".
Magistrate Christopher Halburd asked Mr Weir to confirm if the victim was a teenager, to which he replied yes.
"The facts don't do justice to the size similarity ... he is a man of very small stature himself," Mr Weir added.
"[He had a hernia] which makes his behaviour all the more foolhardy."
In handing down his sentence, Magistrate Halburd said the defendant was on a Conditional Release Order for "an unrelated type of matter". He was convicted, fined and disqualified from driving for breaching it.
"In relation to the assault occasioning actual bodily harm, the injury itself is not the worst injury ... [but] it's a child who is the victim of the assault," Magistrate Halburd said.
"He's not a large man, but it doesn't alter the fact an adult male assaulted a child.
"It would seem though some sort of protective desire or instinct that might place the offending in context but doesn't excuse it."
Magistrate Halburd sentenced the man to a community corrections order for one year, with the mandate to complete 80 hours of community service work.
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