A Wagga labourer who attacked a friend in a pub and broke his nose so badly he required specialist treatment has been spared jail.
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Clinton Tozer, 30, of Kooringal, appeared in Wagga Local Court on Wednesday for sentencing after earlier pleading guilty to assault occasioning actual bodily harm.
According to a police statement of agreed facts, Tozer and the victim, who he had been friends with for the past two years, attended Tozer's residence on March 4 and consumed a number of alcoholic beverages.
At 10pm that night they moved on to Wagga's Victoria Hotel and at 11.45pm the pair were standing side by side at a table in the outdoor smoking area with a large number of other patrons.
Tozer and the victim had a heated discussion and the victim turned away.
At that point Tozer abruptly took hold of the back of the victim's neck with his right hand and placed his left hand on the front of the victim's throat.
Tozer threw the victim towards a wooden bench and the victim's head hit the bench and caused him to fall face-down and unconscious.
Tozer then turned the victim over and struck him twice in the face with a closed fist.
Bystanders at the pub saw what happened and stepped in, taking hold of Tozer and pulling him away.
The victim was left bleeding heavily from the head and was taken by ambulance to Wagga Base Hospital.
Police viewed security camera footage that clearly identified Tozer and he was located outside the pub.
"He got a bit mouthy with me and spoke shit to me, he's put his hands on me in the past and I had had enough of it," Tozer told police.
Tozer was arrested and given time out in a cell at Wagga Police Station due to intoxication.
Tozer later made full admissions to police, telling them "I 100 per cent thought he was going to hit me" and "I know I should not have done it and I feel terrible".
The victim suffered a concussion, a laceration to right hand side of his nose and a broken nose.
The victim required further treatment at the hospital by a specialist due to the extensive internal damage caused to his nose.
In court on Wednesday, Tozer's solicitor told the court that his client was employed full-time, suffered from epilepsy and was bullied at school, resulting in a lot of time out of school.
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"Epilepsy and mental health issues have continued to plague him into adulthood," the solicitor said.
"The incident has shocked him, he is aware of the consequences of what he has done."
The solicitor said Tozer had previously lived a "sheltered life" but since moving to Wagga had been attending pubs regularly.
"He has since ceased consuming alcohol from the date of the incident," the solicitor said.
Magistrate Philip Stewart said Tozer's offending was a "serious form of assault".
"The damage and the mechanics of the offence are not to be ignored," Magistrate Stewart said.
Tozer's solicitor said it would be best for his client to remain in the community to continue his treatment for mental health and remain employed, pointing out that he pleaded guilty at the earliest opportunity.
Magistrate Stewart said Tozer had no prior record and was unable to explain why he engaged in such violent behaviour.
"He has described himself as generally placid," Magistrate Stewart said.
"I accept he is remorseful and overcome with remorse and this is out of character, but it is a very serious form of the offence. There can be no doubt about that."
Magistrate Stewart said he was satisfied that a sentence other than jail would reduce the risk of Tozer reoffending.
He sentenced Tozer to a 12-month community corrections order with 90 hours of community service and ordered that he continue counselling and abstain from alcohol.
"I will warn [Tozer] that failure to [obey the orders] might result in police arresting him," Magistrate Stewart said.
"You have to stay out of trouble, which you have managed for the whole of your life to do so."
Tozer told the court that "I would like to apologise again; it will never happen again".
Magistrate Stewart responded "I would hope so. Otherwise it could end badly for you".
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