A MAGISTRATE has described the behaviour of a man who punched a stranger in the face in a fast food car park in the early hours of the morning as "disgraceful".
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Caleb Bogle, 27, of Rocket Street, West Bathurst, faced Bathurst Local Court on July 5, 2023, where he pleaded guilty to common assault and driving with drugs in his system.
Police documents before the court said the victim in the matter and four of his friends were at McDonald's on Durham Street in Bathurst at around 1am on September 18, 2022 after a birthday party.
Once they collected their food, the group of five went back to their vehicle, where Bogle stood in the car doors that one of the women was trying to close.
The woman, who did not know Bogle, yelled at him to move so she could shut the door, but he refused, according to the police documents.
A victim in the matter got out of the vehicle and told Bogle to move.
"Don't [expletive] talk to me like that," Bogle said, according to the police documents.
"You don't talk to her like that," the victim said, after he got out of the car.
As the victim tried to go back to his seat, Bogle stood in his doorway.
According to the police documents, it was due to Bogle's aggressive behaviour that the victim stood from his seat.
It was at that point Bogle punched the man - who he did not know - twice in the face.
Bogle was restrained by the victim and a number of the witnesses while police made their way to the scene.
Bogle was arrested and placed in the back of a caged police vehicle while officers got statements and CCTV footage from McDonald's.
He was then taken to Bathurst Police Station - where, according to police, he hit and headbutted perspex doors in the holding room.
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On a separate occasion, Bogle was stopped by police on the Mid-Western Highway in Blayney about 4pm on March 4, 2023 while he was behind the wheel of a Toyota LandCruiser.
Bogle was given an oral drug fluid test, which came back positive to cannabis.
He was arrested and taken to Bathurst Police Station, where his second oral drug sample was negative to the substance.
However, his saliva sample was later found by forensic analysis to contain cannabis.
While in custody, Bogle told police he smoked the drugs two days prior to driving, according to police documents.
Sentence
Magistrate Brian van Zuylen began sentencing by saying Bogle's decision to punch someone "for no reason at all is very serious" and could have had "catastrophic" consequences.
"Your behaviour was disgraceful, just appalling," Mr van Zuylen said.
Solicitor Martin Zanolla said Bogle - who was on a community correction order (CCO) at the time - was "clearly" affected by alcohol when the assault took place.
But he said Bogle had done the MERIT (Magistrates' Early Referral Into Treatment) program and worked on reducing his number of daily alcoholic drinks to "hardly any" since the incidents.
"The issue is clearly alcohol, it has always been," Mr Zanolla said.
"It's drunken stupidity ... and he was clearly spiralling.
"But it's not a random punch where he king hit someone. There were words said, and because of his drunken behaviour, he reacted poorly."
Mr van Zuylen said in relation to the driving with drug charge that Bogle's record was "nothing to be proud of".
Bogle was placed on a community correction order for 18 months and ordered to complete 120 hours of unpaid community service work.
He was also fined $1000 and disqualified from driving for three months.
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