'Like something out of a movie': Kye Spicer sentenced in Wagga District Court for role in armed gang attack

Kye Spicer, 30, of Kooringal appeared for sentencing in Wagga District Court on Friday having previously pleaded guilty to one count each of affray and assault occasioning actual bodily harm in company.

Judge Gordon Lerve said the incident that led to the charges was "like something out of a movie".

"The decent and respectable citizens of Wagga should not have to tolerate that kind of behaviour, let alone in the middle of the day where it could be seen by passersby," Judge Lerve said.

Spicer attended a property in Mount Austin about 1.30pm on November 28, 2020 with two male co-offenders and one female.

One of the male co-offenders twice rammed the corner of the victim's house with a ute.

When the victim came out he was chased by the other male co-offender wielding a meat cleaver and Spicer, who had a wooden pole.

The victim was chased by Spicer and the two males into the cul-de-sac in Dove Street.

The male who had driven the utility tackled the victim to the ground and Spicer raised the pole and struck the victim on the leg.

The other male co-offender struck the victim twice on one leg with a meat cleaver and Spicer turned away and placed the pole in a gutter.

The victim was again hit with the cleaver then the two males stood over him while yelling and stomping on his head before the victim managed to break free and escape through a nearby yard.

Judge Lerve said the assault lasted for several minutes but Spicer withdrew at an early stage before the victim suffered further kicking and punching.

Spicer's barrister Andrew Metcalfe said there was no evidence that his client had directly caused an injury to the victim.

"He was charged as part of a joint criminal enterprise ... the injuries were sustained after he withdrew. He was a follower rather than a leader," Mr Metcalfe said.

Mr Metcalfe said Spicer had shown remorse and been candid during a recorded interview with police.

Judge Lerve said the affray was "very serious in nature", involving weapons and multiple people, but Spicer could only be sentenced for his part and not anyone else's.

"Reasonable minds might differ, but given efforts [Spicer] has made in past few years I have little hesitation in finding his sentence can served by an intensive correction order," Judge Lerve said.

Spicer was convicted and given an order for two years and nine months on condition he take part in drug and mental health counselling.

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