Judge Deborah Payne rejected the appeal by Justin Blake Smith in the District Court at Albury yesterday.

Smith, 26, was convicted of the offence by magistrate Jane Culver after a hearing last year and sentenced to 12 months’ jail, with a minimum term of two months.

But Judge Payne decided yesterday to have Smith assessed by Community Offender Services with a possibility of having a periodic detention order imposed.

Ms Culver was told during the hearing of a confrontation outside the Star Hotel in Albury about 11pm on November 23, 2003.

The victim, Jason Paul Madin, told a friend almost immediately after being hit by the bottle that his jaw was broken.

He was taken by taxi to the Albury Base Hospital.

One witness described the champagne bottle as “fairly sizeable” and said it had landed squarely on Mr Madin’s jaw.

Mr Madin and Smith had grabbed each other inside the hotel before going outside.

Smith told a police officer: “I hit a bloke in the face with my champagne bottle”.

It was claimed during the hearing that he was acting in self-defence.

Ms Culver said witnesses described Smith’s demeanour inside the hotel as aggressive and offensive.

But she said Smith denied being the aggressor and there was a degree of provocation.

The victim suffered a fractured jaw requiring stabilisation with plates, broken teeth and forehead lacerations.

Ms Culver said a dentist report showed Mr Madin’s teeth and fillings were fractured and required ongoing treatment.

“I found that those injuries did amount to grievous bodily harm and that means severe bodily injury,” she said.

Solicitor Paul Robb said there was no suggestion Smith had broken the bottle before the incident with the intent to use it as a weapon and he had been provoked.

Judge Payne adjourned sentencing until next Friday.