AN ALCOHOL fuelled verbal argument that turned physical has resulted in a term of jail to be served in the community for a 34-year-old man.
Troy Robert Goodwin of Blenheim Avenue, Oberon, pleaded guilty in Bathurst Local Court on November 16 to;
- Possessing an unregistered firearm,
- Not keeping a firearm safely stored,
- Possessing ammunition without a licence, and
- Assault occasioning actual bodily harm.
Goodwin and the victim were drinking self-mixed bourbon and coke at a home around midday with some friends on September 25 this year, police documents said.
After four hours of drinking, Goodwin became agitated and aggressive which encouraged the friends to leave the location.
The court heard Goodwin continued to drink with the victim in the lounge room of the home when an argument began, which turned physical when Goodwin slapped the victim in the face with pillows and spat on them.
The victim contacted neighbours for their help as the victim tried to walk out of the lounge room but was stopped by Goodwin, who pushed them up against the lounge.
Goodwin tried to place his hands around the victim's neck, but was blocked by the victim who had their arms in front of their face.
Goodwin then pulled the victim's hair and scratched their forehead, which caused it to bleed. He then kicked the victim to the thigh, which caused immediate pain and large swelling and bruising.
The court was told Goodwin began to wrestle with the victim and grabbed their right arm and began to twist it. At the time, Goodwin was yelling names at the victim, which included "a fat piece of s**t".
The victim screamed out in pain and was eventually able to break free from Goodwin's grasp, and ran to the bathroom and locked the door.
The victim heard a loud bang and noticed the bathroom door had been damaged. They opened the door in an attempt to stop Goodwin from damaging the place.
At this time, the victim's neighbours came into the house and separated the victim and Goodwin.
The court heard the victim packed some belongings into their vehicle and left the home.
Police said they were contacted by the victim's mother about 11pm on October 21 asking they speak with the victim about the ongoing abuse.
During their conversation with police, the victim expressed fear of Goodwin who had recently purchased an unregistered rifle from a friend and stored it and ammunition at a home in Wattle Flat.
Police said they went to a home on Sofala Road in Wattle Flat to speak with Goodwin about 10.40am on October 22.
Police asked to go inside the residence due to concerns about the unregistered gun before Goodwin was arrested.
Goodwin, while in police custody, agreed to take police to the gun which was stored under a mattress and wrapped in a blue towel.
Police said they found and seized the gun - which didn't have a serial number - as well as 11 rounds of .22 ammunition in a small navy cotton bag.
Goodwin was taken to Bathurst Police Station where he was interviewed about the assault, property damage and unregistered firearm - which he admitted owning without a licence.
Goodwin denied the assault but admitted to kicking a hole in the bathroom door. He told police he didn't think anyone was in the bathroom at the time and did it because he was locked out.
During sentencing, Goodwin's solicitor, Mr Taylor, said his client had suffered from a "binge alcohol addiction" and had since contacted several services to seek counseling.
"Alcohol is his primary concern ... There had been a lot of drinking and arguments leading to the day," Mr Taylor said.
Mr Taylor noted in open court Goodwin had a "horrific" childhood, which stemmed from his mother's death that occurred on June 21 in 1993 when she - 29 and pregnant - was shot at close range through the nose with a .22 rifle by her then partner.
Magistrate Elizabeth Ellis questioned why Goodwin had the same firearm in his possession.
"I'm puzzled," Magistrate Ellis said.
Magistrate Ellis counted eight assaults when reading police documents, despite Goodwin being charged for six, which she believed meant he had crossed the section five threshold.
"It was only the course of one conduct, he doesn't have a violent past," Mr Taylor said.
"He's made up for it with these 'facts'. It was an assault of every kind," Magistrate Ellis replied.
Goodwin was placed on an 18-month intensive correction order with the condition he abstain from drugs and alcohol.
He was also placed on a two-year community correction order and must undertake 200 hours of unpaid community service work.
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