Night out leads to assault

An altercation after a night out has resulted in a Cowra man being placed on a 12-month Community Corrections Order when he appeared in Cowra Local Court on May 6.

Ashley Shane Burgers, 24, of Argoon Street was before the court, charged with assault occasioning actual bodily harm.

According to police facts, around 2.30am on November 16, 2019, Burgers' victim heard a number of people talking and yelling outside their residence.

The victim walked outside and confronted the group, asking them to "keep the noise down".

Three unknown males left, however Burgerscontinued to argue with the victim.

During the verbal altercation between the pair, Burgers began to throw punches at the victim, causing swelling under their left eye and grazing and swelling to the top of their head.

Burgers also struck the victim's hand, causing lacerations.

The pair fell to the ground, which resulted in the victim receiving lacerations to his right knee and foot.

The three males returned and pulled Burgers off the victim, who ran back inside their residence and called police.

Police arrived on the scene at 3.30am. The victim told police they did not at any stage punch or attack Burgers and only defended themselves from the assault.

He told police he did not really know Burgers, just that he resided next door.

The victim complained of a sore neck and was conveyed to Cowra Hospital for treatment.

On November 17, police attended Burgers' residence and he was cautioned.

Burgers told police he had returned from the pub with a group of other males and become involved in an altercation with one of his guests before the victim became involved.

Burgers said he was "unable to recall exactly what happened".

Burgers' solicitor, Clive Hill, told the court his client had been seeking treatment for mental health issues.

"He very much regrets the altercation he got into on this occasion," Mr Hill said.

"He is pursuing treatment and counselling."

Magistrate Michael O'Brien said there was no excuse for Burgers' actions.

"As I read the facts, the victim could have easily been me," Magistrate O'Brien said.

"There is never, ever any justification for the treatment the victim sustained."

Burgers was also ordered to abstain from illicit drugs, comply with all reasonable directions of his health care professionals, attend all programs and take all prescribed medications.