James Nealand, 21, convicted in Bathurst for assault occasioning actual bodily harm

James Nealand, 21, of Jade Close, Kelso, appeared before Bathurst Local Court on Wednesday, March 29, where he was convicted of assault occasioning actual bodily harm.

Appearing before Magistrate Elizabeth Ellis, Nealand pleaded guilty to the charge.

In police facts before the court, between 1.30am-2.30am on Sunday, October 23, 2022, the victim and two friends were walking towards Durham Street, to go to McDonald's.

As the group was walking towards Durham Street, the victim saw the accused sitting in the front passenger seat of a white utility and yelled out something towards the victim.

Police facts say that the victim replied with "go home."

The group of three crossed Durham Street on William Street, before the victim saw the same white utility perform a U-turn on William Street and park in front of Red Rooster.

Nealand crossed William Street and walked directly towards the victim.

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"What did you yell out?" Nealand asked.

"Go home," the victim responded.

Nealand then swung his closed-fisted right arm at the victim, hitting him on the left side of his jaw.

The victim fell to the ground and blacked out for a short period, before he woke and saw the accused get back into vehicle and drive off towards Durham Street.

The victim was helped to the ground and to McDonald's, where the victim said he felt dizzy and was bleeding from the mouth.

A friend of the victim gave him and his two friends a lift to the Bathurst Police Station, where police spoke to the victim and an ambulance was contacted.

The victim was later transported to Bathurst Base Hospital for a medical assessment, where a doctor informed that he had two fractures to his jaw and would need to attend Westmead Hospital for surgery.

The following day, October 24, the victim underwent surgery to his jaw, where he had two metal plates inserted into his jaw with braces to assist with keeping the jaw from moving.

The victim told police that he had known Nealand for about a year and at no point was the accused given permission to assault and break his jaw.

On Tuesday, November 15, 2022, the accused attended Bathurst Police Station, where he was spoken to by police, arrested and cautioned.

The allegation of assault was put to the accused, who declined to be interviewed in relation to the allegation.

The court heard how Nealand engaged with support services on his own accord and that he wishes to continue doing so

He also works full-time as a painter.

Magistrate Ellis said she considered jailing Nealand.

"I understand you had a rough childhood and that creates sympathy, but I have less sympathy for a man who has committed this kind of offence," she said.

"The injuries were so bad, that I considered jail."

Nealand was convicted and sentenced to a Community Correction Order for a period of two years to commence from March 29, 2023, and expiring on March 28, 2025.

The order is subject to the following additional conditions: Nealand is subject to supervision by a Community Corrections Officer at Bathurst Community Corrections District Office and he's to perform 250 hours of community service.

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