A YOUTH from Orange who accompanied another offender during a serious assault on Australia Day stallholders at Carcoar has escaped a gaol sentence.
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But Scott Lindsay O’Brien – of Amaroo Crescent, Orange – has been placed on a supervised good behaviour bond for two years by the Bathurst Local Court.
O’Brien was sentenced last week over his part in assaults carried out with Darius Darmody, 21, who had earlier been gaoled for three years by the District Court.
Magistrate Thomas Hodgson said O’Brien’s two-year bond was an alternative to gaol.
O’Brien and Darmony had been on a 14-hour drinking binge while smoking cannabis before they fractured the eye socket of 69-year-old Matthew Berming-ham, assaulted 38-year-old William Field and were involved in exchanging blows with Brian Griffith, 58, and Charles Evans.
Mr Hodgson said O’Brien should accept the supervision of the Probation & Parole Service for counselling and educational development in drug and alcohol courses, reporting within seven days.
In addition to the bond Mr Hodgson convicted and fined O’Brien $173 for his use of offensive language in Icely Street, Carcoar.
O’Brien had been with Darmody when Australia Day stallholders arrived in Icely Street, Carcoar about 7.30am on Saturday, January 26 this year.
The pair had started a fight with Mr Bermingham and Mr Field.
Mr Bermigham’s daughter, Kim Evans, tried to intervene and Charles Evans, who came to assist his father-in-law, was punched before trading blows with O’Brien.
Brian Griffith had been king hit in the face during the affray, while Archie Evans saw his grandfather being assaulted and tried to assist before Darmody sooled dogs onto him, biting the boy’s elbow and fingers.
Mr Bermigham’s daughter had taken an iron bar to beat the dogs. She also believed she had struck O’Brien and Darmody during the melee.