North Albury attack leads to jail term

A SPRINGDALE Heights man has been jailed for 16 months on an affray charge after serious injuries were inflicted on another man last year.

The victim suffered a fractured cheekbone, nose, ribs, a serious injury to his eye and was left with a distinctive shoe impression on his forehead.

Brian Leslie Bates, 20, appeared through video link from jail for sentencing in Albury Local Court with magistrate Tony Murray imposing a minimum term of seven months backdated to January 3.

The term expires tomorrow, but Bates will remain in custody with another indictable charge pending.

Warrants were issued for the arrest of Bates when he failed to attend court in May and he was convicted in his absence.

Solicitor Rob Hussey made an application in June to have the conviction annulled, but it was rejected by magistrate Tony Murray with sentencing deferred for the preparation of a pre-sentence report.

He was subsequently charged with failing to attend court and received a three-month jail term for that offence, which has already expired.

Tendered police facts outlined how Bates attacked a Glenroy man near the North Albury football ground on October 24.

The victim had left his home in Logan Road to walk to a service station in Mate Street for a drink.

He saw Bates riding a small black motorcycle on a grassed area near the football ground.

Bates stood the bike up on its rear wheel, it flipped and he came off.

The victim chuckled about what happened, Bates took offence and started punching the victim, who fought back to defended himself.

But associates of Bates joined the fight, punched and kicked the victim to the ground where he was hit repeatedly.

Witnesses called the police and ambulance, but the assailants fled and could not be located.

The victim was taken to hospital where he was treated for his injuries.

It was about 2.15am on January 9 when the victim heard yelling from a house just a short distance from his home.

He got his dog and saw Bates riding the same small black motorcycle.

The victim yelled out to him: “Do you remember me?”

Bates replied: “I got you before and I’ll get you again.”

He rode towards the victim, who pulled his dog away from the motorcycle’s path.

Bates continued riding into Resolution Street where he was arrested by police.