Max Ernest Wright, 21, of Court Street, Mudgee, was sentenced to 20 months jail with a non-parole period of 12 months.

On the evening of Friday, November 1, 2013, the victim, along with a group of friends, had bought a carton of beer and was pushing it in a shopping trolley across the intersection of Douro and Mortimer Streets.

The victim blocked the path of a car attempting to drive through. After an altercation,  one of the vehicle’s occupants, Wright’s sister,  said she would get her brother and left.

The victim was carrying the carton when the car returned and Wright exited and walked up to the victim,  yelling abuse.

Wright punched the victim to the ground and stomped on the victim, kicked the victim’s stomach, head and back.

Wright then took the carton of beer and left.

The victim called police.  

The court heard the  victim had suffered abrasions to the left ear and lower back, as well as bruising and swelling to the face and head.

Wright was arrested on Tuesday, November 5, and charged with assault occasioning actual bodily harm and stealing from person.

His legal-aid solicitor, Mr Yee, said that his client committed the offence while under the influence of drugs and alcohol and has a protective sense and bond with his siblings.

The court heard that the offence was aggravated by the fact that Wright was on a community service order and good behaviour bonds at the time.

Magistrate Michael Allen said that the attack “can only be described as the perfect storm of immaturity, blatant aggression and abuse of alcohol and illicit drugs”.

He added that a normal person wouldn’t react this way to what he called a “nuisance prank”.

“The only sentence that would give voice to this abhorrent level of violence in the streets of Mudgee is a sentence of imprisonment,” Magistrate Allen said.