Judge Deborah Payne imposed the three-month term on Justin Blake Smith, 26, who last year was convicted of maliciously inflicting grievous bodily harm by using a champagne bottle to injure another man.

Judge Payne last week dismissed Smith’s appeal against his conviction but sought an assessment by Community Offender Services with the possibility of having a periodic detention order imposed.

Solicitor Paul Robb said the subsequent report highlighted a positive change in outlook by Smith since he had been sentenced to 12 months’ jail, with a minimum term of two months by magistrate Jane Culver in Albury Local Court last year.

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, had told a friend almost immediately after being hit by the bottle that his jaw was broken.

A dentist’s report showed Mr Madin’s teeth and fillings were fractured and required ongoing treatment.

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

Judge Payne said there was some evidence that indicated a degree of provocation against Smith.

“I accept you are remorseful of the injuries you have caused to the victim,” she said.

“I accept you have made very positive changes to your lifestyle and you clearly have the support of your partner and mother.”

Judge Payne imposed the sentence on Smith to begin on May 19 and urged him to attend Mannus each weekend or risk having his sentence converted to full-time custody.

“I make another suggestion to you. Do not make any friends while you are there.

“These are very sad people and you are not one of those people.

“I trust you won’t be led astray in any manner whatsoever.”