A magistrate has expressed his surprise that a man did not face a more serious charge over an attack in an Albury hotel.
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Tony Murray said Phillip James Smart should not have been charged merely with assault.
He said Smart could have easily faced a count of assault occasioning actual bodily harm, as the victim in the case received numerous sutures to his upper and lower lip.
Defence barrister Charles Morgan said the charge could have even been one of assault in company.
Smart, 54, attacked the victim, but it was a punch thrown by his co-accused that actually left the man with these injuries.
Mr Murray said he had no choice but to disregard the injuries in sentencing Smart, given he faced just the assault charge – to which he pleaded guilty.
“That’s the law,” he said.
Mr Murray said he took into account Smart’s early guilty plea, his lack of convictions and his many years of service to the community in placing him on a two-year good behaviour bond.
Smart escaped conviction for the offence, which police told the court happened on December 4.
Facts handed to Mr Murray revealed that the defendant and his co-accused went to the Astor Hotel in Guinea Street about 6pm.
Police said it was not known whether Smart had drunk any alcohol, though he and the victim were known to each other.
Mr Morgan said that was because the victim had previously been involved in Mr Smart’s Lavington business, for about five years.
The hotel was full of people as a members’ prize draw was about to take place.
Police said security staff had asked Smart to leave about 8pm, escorting him out via the beer garden.
Smart turned and looked at the victim – who was about six metres away at the bar – then ran up to him and punched him about three times to the head.
Mr Morgan said this was because of a comment made to Smart by the victim.
Police said the pair fell to the ground in a struggle.
The victim had to have 10 sutures put in his upper and lower lips at Albury hospital as the result of being punched by the co-accused.