A WITNESS to a pistol-whipping attack on an innocent man has been spared jail after failing to give details of the crime to police.
Dillon Moffitt, 22, was smoking ice and being driven around in his car on the Border on December 3.
Others were in the vehicle with him, including Ashton Kitson who, like many times before, was armed with a distinctive replica pistol.
The victim had been enjoying a night out drinking with friends and was ready to head home.
As he waited for a lift on the corner of David and Swift streets, the group rolled up and Kitson decided to attack him for his phone.
Kitson jumped out and told the victim he wanted to fight.
He pushed the man and demanded he open his pockets, before reaching behind his back.
"I've got a gun and I'll shoot you," he told the victim, aiming it at him.
Kitson smashed him to the temple, instantly causing blood to spill out.
He grabbed the man's iPhone and the group fled.
Despite the lengths gone to to get the phone, it couldn’t be unlocked.
Moffitt was identified as a passenger through security camera footage.
He was initially charged with armed robbery for his role, but prosecutors only proceeded with a charge of concealing a serious indictable offence.
Albury Local Court this week heard Moffitt had identified all those inside the car.
He gave a statement more than seven weeks after the incident, but it was of little use to the investigation.
"The offence was a serious one, namely a violent assault and robbery in company," magistrate Rodney Brender said.
"He was a passenger in a vehicle and had the opportunity to see all that happened.”
The court heard Moffitt's father had come back into his life and introduced him to meth, and his offending began mid-2016.
Brooke Fowler, who drove the vehicle, served three months in custody before receiving a bond.
Kitson will be sentenced in Albury District Court sittings that start next month.
One person will contest his involvement at trial.
Mr Brender ordered Moffitt complete 225 hours of community work.