An incident where an Albury man punched someone at a nightclub without provocation has been labelled “a cowardly attack”.
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“People should be able to go out and not be assaulted by people such as yourself,” magistrate Tony Murray said.
James Robert McLellan, 25, pleaded guilty in Albury Local Court this week to the assault.
The incident happened, Mr Murray said, when there would have been a lot of drinking taking place at licenses premises in Albury as it was Anzac Day.
McLellan had initially been charged with assault occasioning actual bodily harm, but that count was withdrawn.
Defence solicitor Mark Cronin said the charge had only just been changed as the informant had been waiting on a report from Albury hospital that would determine if the victim had suffered an injury that would justify the more serious charge.
That report revealed the injuries the victim suffered did not, leading to McLellan facing the assault count instead.
Mr Cronin indicated the assault was out of character for McLellan, as he had a clear criminal record aside from a low-range prescribed concentration of alcohol matter from about four years ago.
Police said the victim went to Albury’s ZedBar on April 25 at 11.30pm with six friends.
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About 1.10am the group was mingling and drinking near the DJ’s booth, while McLellan and some mates stood close by.
One of the victim’s friends recognised McLellan as she knew him through a mutual friend. At the time, McLellan was staring at the victim.
Without warning, McLellan approached the man and punched him twice to the head, the blows knocking the victim to the floor.
McLellan then walked off quickly and left the ZedBar with the other men.
The victim was taken to Albury hospital for treatment, with police noticing swelling and redness around the victim’s left eye.
The victim provided a statement about the incident when he attended the Albury police station on May 4.
Four days later, McLellan too went to the station after being contacted by police.
He was arrested, after which he made full admissions about the incident, though said he had only punched the man once.
McLellan claimed the victim grabbed him by the shoulder.
Mr Murray placed McLellan on a 12-month good behaviour bond and fined him $700.