Man spared conviction after alcohol-fuelled street assault
ASSAULTING a man who he claimed threatened his partner has landed a Northern Rivers man in court.
Simon Joseph Canny, 49, faced Byron Bay Local Court for sentencing on Monday.
The Binna Burra man was with his partner in the Byron CBD early in the morning of September 21 this year.
The court heard his partner borrowed a lighter from another man, Mark Andrew Bradtke, who had been seated outside a Jonson St business eating an apple turnover.
The court heard Mr Bradtke proceeded to hurl verbal abuse and threats at Mr Canny's partner, Jasmine Miller.
A verbal dispute between the men grew physical, and Canny slapped Mr Bradtke repeatedly, before punching him in the face.
Canny's solicitor told the court he was "very remorseful" and said the incident "has caused him considerable stress".
Magistrate Karen Stafford noted Canny had pleaded guilty to his charge of assault occasioning actual bodily harm at the earliest opportunity.
"It was not an isolated incident … there was a build up to it," Ms Stafford said.
"The lead up is something I take into account in determining the objective seriousness."
Despite the alleged provocation by the victim, who is also facing criminal charges, Ms Stafford stressed such alcohol-fuelled incidents were not uncommon in the town.
"It's yet another late night alcohol-fuelled act of violence in Byron Bay," she said.
"It happens all the time."
Ms Stafford said despite having only sat on the Byron court circuit since July, she had faced a "plethora" of cases involving drink and drug-driving but also constant violence matters on the court's busy list days.
"(This case) shows, really, the ramifications of violence where there's alcohol and no one's really thinking with a straight head."
She acknowledged Canny was a man who "puts a lot back into the community".
She sentenced him to an 18-month conditional release order and did not record a conviction against Canny's name.
Mr Bradtkeis due before the same court on December 16.
He's lodged guilty pleas to charges of affray, common assault and behaving in an offensive manner but has pleaded not guilty to a second common assault charge.