RIDING on the fumes of alcohol and "upset" at food being dumped is how a solicitor explained the actions of a man who slapped someone.
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Shane Carroll, 47, of Opperman Way, Windradyne stood before Bathurst Local Court on July 5, 2023 to plead guilty to common assault.
It was around 9am on February 10, 2023 when an argument with the victim sparked.
The victim was taking a box of wine out of the fridge when Carroll slapped him on the head, causing the wine to drop.
The victim went to Bathurst Police Station about 1.25pm on February 12 to report the incident.
Police said they went to Carroll's home about 6.45pm on Opperman Way to ask about the assault and serve an apprehended violence order.
The court heard Carroll told police the assault didn't happen.
Sentence
Solicitor Fiona Sams told the court her client had gained an insight into his behaviour, particularly his alcohol abuse, after he finished the MERIT program.
Ms Sams also said Carroll had a limited record, and described the incident as "exceptionally out of character".
"There was provocation ... the victim had thrown out good food, and this upset my client," Ms Sams said.
Magistrate Brian van Zuylen said it was clear Carroll's drunkenness was a factor in the assault, but said he had done everything he could to correct himself.
"You shouldn't have done it, you don't slap people in the head," Mr van Zuylen said.
The charge against Carroll was dismissed without penalty.
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