Simon Maxwell Hearne, 33, sentenced to jail after pleading guilty to charges in Bathurst Local Court

Simon Maxwell Hearne, 33, of View Street, Kelso, was sentenced in Bathurst Local Court on February 8 to one year in prison after he pleaded guilty to common assault and contravening an Apprehended Violence Order (AVO).

Court documents indicate Hearne was at 7-Eleven in Kelso about 9.15pm on September 11 last year when he spoke with a "stranger", who picked up a meat pie and placed it on the counter along with $1.20 and told the victim "he [Hearne] will pay for the rest of it".

Hearne approached the counter and put a 1.25 litre bottle of Coke and two Twirl chocolates on the counter. As the victim scanned the items, he asked if Hearne was paying for the pie.

The court was told Hearne became aggressive and began to swear at the victim and said "it's my card, not his".

After explaining to Hearne he would not be served if he continued the behaviour, the victim pushed the items across the counter and when doing so, Hearne slapped the back of the victim's hand, which caused a stinging sensation and left a red mark.

The victim watched CCTV footage of the incident and gave a copy to police, who viewed the footage and were able to identify Hearne, who was wearing grey tracksuit pants and an Adidas jacket.

Police said they were conducting unrelated duties on George Street about 1.20pm on September 15 when they saw Hearne and a woman - who is a protected person in an AVO against Hearne - walking together.

Hearne looked up and saw police standing there and immediately walked across the road and out of sight into Machattie Park.

Police stopped and spoke with the victim, who gave a fake name and said she didn't know the person she was walking with.

Two hours later, police were patrolling Keppel Street when they saw Hearne and stopped him.

The court heard Hearne said he was walking with someone earlier he wasn't meant to be and gave the woman's name. He was also asked about the night at 7-Eleven and said he "lashed out".

"I slapped the items off the counter ... I didn't touch him," Hearne said.

He was arrested for breaching the AVO and taken to Bathurst Police Station.

Hearne's Legal Aid solicitor, Mr Kuan told the court during sentencing his client recognised he was in breach of the AVO and hadn't planned on speaking with the victim.

In relation to the incident at 7-Eleven, Mr Kuan said Hearne accepted he shouldn't have behaved the way he did.

"At the end of the day, you have absolutely no respect for court orders. You have a history of contravening AVOs," Magistrate G Haitt said to Hearne.

"You have been given every other opportunity."

Hearne has a non-parole period of seven months and is eligible for release on September 7 this year.

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