A 28-year-old Canowindra man has been given a 12 month supervised intensive corrections order at Cowra Local Court.
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Norton Thurtell, of Lawrences Lane, was before the court charged with assault occasioning actual bodily harm and a breach of a suspended sentence.
According to police facts on March 27, 2019, Thurtell's victim had been drinking at a friend's place and was asked to get a cigarette for another person at the residence.
While doing this, the victim became involved in a verbal argument with Thurtell.
A short time later the pair were involved in a second verbal argument where the victim removed his shirt and challenged Thurtell.
The pair exchanged blows and the victim fell to the ground, sustaining injuries to his face.
The victim was then involved in another verbal argument and assault after spitting at a co-accused of Thurtell's that had recently arrived.
The victim then crawled to the gutter and stayed there, lapsing in and out of consciousness and was attended to by a witness who called police.
Thurtell's solicitor told the court his client viewed his actions as self defence following the argument.
The solicitor said despite the serious injuries sustained by the victim, it was difficult to isolate the level of injury caused by Thurtell due to the co-accused's involvement.
He said his client had problems with anger but for the majority of the time controls himself and had the capacity to not use violence.
In response, Magistrate Michael O'Brien said he had the same capacity as any sentient being acting on rational thought.
He did concede that Thurtell may have been encouraged by the victim but he engaged willingly despite the victim's intoxication.
"There was no use of the grey matter between his left ear and right ear," he said.
"This was entirely avoidable but he chose to participate in a violent spectacle on the street.
"It was a caveman-like approach to conflict."
As part of the intensive corrections order Mr O'Brien ordered Thurtell to actively engage with all drug, alcohol and anger management counselling he was directed to until his attendance was no longer required.
For the breach of the suspended sentence Mr O'Brien revoked the previous order and imposed a community corrections order for 12 months.
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