Rick Porter, 41, placed on court order after pleading guilty in Bathurst Local Court to contravening an AVO

Rick Porter of Miriyan Drive, Kelso, was sentenced in Bathurst Local Court on February 15 for contravening an apprehended violence order (AVO) after he pleaded guilty to the charge.

After spending the day on January 2 this year putting empty cans and bottles through a Bathurst Return and Earn machine, Porter had a number of alcoholic drinks, according to police documents before the court.

Porter and the victim in the matter got into an argument over custard at about 8pm that night and he was told to leave.

The victim called police, who arrived around 9pm and spoke with Porter - who, according to the police documents, was yelling and swearing.

Police said he was drinking a Great Northern zero alcohol beer at the time.

Porter was given a breath test, which was positive, before he was arrested for the AVO breach, which he made by being around the victim within 12 hours of drinking alcohol.

Police documents said that Porter was allowed by police to collect various essential items before he was transported to Bathurst Police Station.

While in police custody, Porter told officers he had been around empty cans all day and said that could possibly have caused his positive alcohol reading.

According to the police documents, Porter did, however, then tell police he last consumed alcohol about 2pm that day.

A self-represented Porter said during sentencing in open court that he was "having a good day" and had "messed up" as a result of being under a degree of stress.

Porter also reiterated his belief that being around empty bottles and cans could have influenced his breath test.

"You don't get alcohol on your breath by spilling it from empty cans on your shirt, Mr Porter," Magistrate C Farnan said in response.

Porter was placed on a community correction order for 12 months.

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