A night of drinking and playing the pokies at a Wodonga pub ended with a man settling an argument by punching and choking another man in the street.
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Nathan Johnson, 23, had been drinking schooners of beer for about three hours at Elgins on September 4 last year before he and his victim both left just after midnight.
Walking along Smythe Street they argued about an incident that occurred between them about six months ago, before Johnson punched the other man to the face, causing him to fall backwards.
Police prosecutor Penny Lawler told Wodonga Magistrates Court this week that he used his knee to straddle the victim, kept punching him, then put his hands on the victim's neck to choke him.
"The victim yelled out that he could not breathe and he managed to get to his feet," she said.
Johnson was arrested near the scene, while his victim was taken to Albury hospital with injuries including a dislocated elbow, grazes and swelling.
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He told police that "when he gets pissed and angry, he blacks out".
Magistrate Peter Dunn asked why he should not send Johnson to jail.
"He's king hit him in the street," he said.
"He's knocked him to the ground, tried to straddle him and choked him."
The court heard Johnson had a prior conviction for violence.
His lawyer said his client regretted his actions, has since stopped going to pubs and started to get counselling.
Johnson is a father to a five-year-old son and was supported by his partner in court.
"If he keeps up his behaviour he's certainly going to jail, but he does deserve some credit for getting on the front foot and addressing his issues," Mr Dunn said.
He sentenced Johnson to a community correction order, with the condition to complete 120 hours of unpaid work.
The Corrections Victoria report found Johnson was a low risk of reoffending, but recommended he undergo alcohol counselling.
The friend Johnson was with at the time was also arrested, but police withdrew the charges against him after hearing he stopped Johnson from going even further.