A man who headbutted a security guard who tried to stop an alcohol-fuelled argument over the outcome of the 2023 NRL grand final has faced court for two counts of assault.
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Ricky Aaron Gordon of Frederica Street pleaded guilty to assault occasioning actual bodily harm as well as a common assault charge for attempting to punch a duty manager.
The 21-year-old was unrepresented when he appeared in Orange Local Court for sentencing on Thursday, November 2, 2023.
According to documents submitted to the court, Gordon was drinking alcohol at the Orange Ex-Services' Club at 9.20pm on October 1 and got into an argument with another patron about the outcome of the NRL grand final.
A security guard went to investigate after other staff members told him about the heated argument.
He told Gordon he would have to leave if he continued to use offensive language.
Following the warning, Gordon grabbed the security guard and head butted him in the face.
The guard suffered immediate pain, swelling and bleeding to his face, near his right eyebrow.
Gordon then punched him in the jaw a number of times causing swelling to the man's jaw.
Second man assaulted
A duty manager then tried to stop the altercation and Gordon tried to punch him as well, but the manager dodged the punch and no contact was made.
Gordon left the premises and police attended a short time later and obtained CCTV footage and statements from the victims.
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The footage clearly depicted Gordon assaulting the victims who were both assessed by NSW Ambulance paramedics.
Gordon was arrested about 2.40pm on October 7, 2023. He was taken to Orange Police Station where, according to police, he admitted assaulting the victims and was remorseful for his actions.
Pattern of offending
Magistrate David Day said the offending was committed while Gordon was on conditional liberty due to a community correction order he was on for mid-range drink driving and driving while his licence was disqualified.
He said Gordon had also been fined for a previous assault.
"Looking at his record he has a problem because he drinks too much," Mr Day said.
"The security guard was simply doing his job, he was in the process of turning you out and you assaulted him," Mr Day said.
"[The manager] became involved, you tried to assault him but you missed him.
"Your problem is you drink too much and you get violent."
Sentencing dilema
Mr Day sent Gordon to have a sentencing report done so he could get background information on his personal circumstances.
Mr Day was not impressed when the report came back and deemed Gordon to be unsuitable for community service.
"Mr Gordon said he's not willing to undertake community service work, that creates a problem," Mr Day said.
He said the sentence he planned to give him needed additional conditions as well as supervision and one of the conditions he had been considering was community service.
"I could order you to attend rehabilitation and treatment," Mr Day said.
"I could set you up to fail and tell you to abstain from alcohol.
"You've crossed the custodial threshold."
The sentence
Mr Day said Gordon was close to going into full-time jail for the assaults.
"My sentencing options are limited, I don't like to set people up for failure," he said.
Magistrate David Day gave him a 12-month intensive correction order for the common assault and assault occasioning actual bodily harm.
The order, which is a community-based jail sentence will run from November 2 to November 1, 2024, and will require Gordon to complete rehabilitation and treatment.
He will also have to abstain from alcohol for three months and Mr Day warned Gordon that he would be tested during that period to make sure he complied.
Mr Day also resentenced Gordon for the breach of the community correction orders.
He said the ICO would also apply to the drink-driving charge.
Mr Day also gave Gordon a new 12-month CCO for the driving while disqualified offence with a new start day of November 2, 2023.
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