Victim injured in assault, men convicted in district court

Three of four men who were involved in an assault against a man in Canowindra have been sentenced.

Steven Michael Dziergas, 36, of Etna Street, Orange, Matthew James Fisher, 21, of Preston Road Canowindra and Sean Ovington, 20, of Wahrooga Street, Canowindra, were all given good-behaviour bonds for their roles in the assault.

Ovington and Fisher were sentenced in a district court callover with Judge Dina Yehia on Friday after amendments were made to the original indictment and they changed their pleas to guilty.

Ovington was given a 12-month good-behaviour bond and Fisher received an 18-month good-behaviour bond for assault occasioning actual bodily harm in company.

On Monday, Judge Rodney Madgwick sentenced Dziergas in Orange District Court and said he was guided by the other sentences.

He gave Dziergas a two-year good-behaviour bond for his role in the assault and also made it a condition that Dziergas does not consume any alcohol in the two-year period of the bond.

Judge Madwick was told Dziergas was a heavy drinker at the time of the offence on July 30, 2016, but has been sober for the past two years. 

According to agreed facts, four men entered a house in Waddell Street, Canowindra, and in the presence of the male victim’s six-year-old son an argument started between the men and victim.

During the argument Dziergas pushed the victim onto a couch and along with Fisher yelled at the victim while the victim was being punched in the face by another man.

Neither Ovington nor Fisher physically assaulted the victim, however their presence while the assault took place deemed them to be part of a joint criminal enterprise.  

As a result of the assault, the victim was taken to hospital where injuries including a split lit, black eye and redness to his cheek were noted.

A fourth man Michael George Dziergas, 31, of Jubilee Avenue, Orange, has also pleaded guilty to the assault, but his sentencing was adjourned to next week.