A claim of self defence was rejected when Cowra man Colin James Kilby was convicted of assault occasioning actual bodily harm in the Local Court last week.
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Kilby had entered a not guilty plea to the charge when he first appeared in the Cowra Local Court on June 20, 2018.
After a hearing presided over by Magistrate Michael O’Brien on Thursday, January 10, where the court heard from a number of witnesses, many of whom were described as “reluctant” and “unreliable”, Kilby was found guilty of the charge and placed on a Community Corrections Order for 12 months.
Mr O’Brien said many of the witnesses were placed in a difficult situation due to their relationship with both the victim and the defendant.
In finding Kilby guilty of the offence Mr O’Brien rejected any suggestions his actions could be seen as self defence.
Kilby, 37, of Canowindra Road, Cowra was charged following a day of drinking and golf that ended in an incident at a Cowra hotel between 11pm and 11.30pm on March 16, 2018.
Summing up after hearing evidence from police and defence witnesses Mr O’Brien said it was clear Kilby was engaged in a heated conversation with another person when the victim became involved.
“It is clear on the complainant’s evidence that he made contact with the accused at some point,” Mr O’Brien said.
“But I am satisfied (the contact from the victim) was not threatening or aggressive.
“I am satisfied (the victim) has put his arm in to hold back the accused and the accused has responded by delivering at least two upper cuts, although the victim says it was more blows than that.
“I am not satisfied that self defence is raised.
“Even if I am wrong I am not satisfied that given (Kilby’s) size and stature, particularly that it was self defence.
“Even if I was satisfied his actions were in self defence, his response, in my opinion, was completely disproportionate to the position he found himself in,” Mr O’Brien said.
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