The man, Simon Matthew Ewen, of Crete Street, Oberon had pleaded guilty to assault occasioning actual bodily harm when he appeared for sentence after attending the Rural Alcohol Diversion Program, Watershed Drug and Alcohol Recovery and Education Centre as well as undertaking a Save-A-Mate education course.

Magistrate Jan Stevenson remarked how well the defendant had done in the RAD program.

Police prosecutor Sergeant Brett Donaghy said there were alternatives to a full-time custodial sentence in Ewen’s case after he pleaded guilty through solicitor Shane Cunningham to the assault, which occurred about 1pm on Saturday, July 11 in a Chinese Restaurant in Kendall Street, Cowra.

Sgt Donaghy told Ms Stevenson the time Ewen had spent in the RAD program and at Watershed entitled him to a supervised sentence instead of jail for an offence he committed while on a bond.

Ms Stevenson ordered Ewen to enter a Section 9 bond for two years, with no action being taken on the earlier bond.

While police charged Ewen, he claimed to have been assaulted with a metal bollard which caused a displaced fracture of his arm during a fight at the restaurant and Mr Cunningham had argued for an amended statement of facts tendered to the court.

Police said Ewen had gone to the Chinese Restaurant and paid to select takeaway food at a smorgasbord where he spilt food on the carpet and was told by the shop owner not to make a mess on the floor.

Ewen, according to the statement, had sworn and abused the restaurant owner, who offered money back from the till.

However, Ewen refused the refund of his money or a request to leave the shop.

The shop owner had gone behind the counter when Ewen threw a left hand punch but missed and knocked a phone from the hand of the owner, who was punched in the face.

Police said Ewen kept trying to punch the shop owner, who picked up a length of metal pipe from a sink and struck Ewen’s arm.