A NIGHT out drinking for New Year's Eve could easily have turned deadly after a man randomly punched a stranger as he waited for a taxi, a court has heard.
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Ryley Douglas Mackay, 25, avoided time behind bars for an alcohol-fuelled assault in the Tamworth CBD which left a man knocked out cold.
Mackay was pepper sprayed and brought down by the dog squad - causing him to need surgery and 40 stitches - after struggling with police as they tried to arrest him for the attack.
He was sentenced in Tamworth Local Court to a 14-month prison term to be served in the community, for assault occasioning actual bodily harm.
He was ordered to do 60 hours of community service and must not be drunk in public or consume alcohol in licensed venues.
Mackay punched a 50-year-old man in the head at a Brisbane Street taxi rank just before 2am on January 1 last year, causing him to fall back and hit his head, knocking him out and leaving him with swelling on his brain.
A set of agreed facts show Mackay was agitated and demanding the next cab.
Police prosecutor Sergeant Rebecca Skivington submitted to the court it was pure luck the man survived the attack and suffered no permanent injuries.
"It could have been a lot worse," she said.
"Alcohol-fuelled violence should not be tolerated."
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Defence barrister Steven Doupe handed up a letter of apology from Mackay as well as one of support from Mackay's partner, who was in court for the sentencing, and from an Aboriginal elder.
He submitted Mackay had been making lifestyle changes and sticking to them.
Magistrate Julie Soars said it was clear the offending was out of character and Mackay had been doing well on bail.
She said the attack was a "shocking thing to happen" and would have been confronting for onlookers as the community "was going about its revelry".
"What happened to the victim was wrong, Mr Mackay does need to be punished, we need to deter others," she said.
Mackay was further sentenced for resisting police, and for common assault, after also hitting a 41-year-old man at the taxi rank.
Two good behaviour orders of 12 months each were dished out for the offences.
Mackay pleaded guilty to the assault charges last year, but admitted to the one resist police offence earlier this year in the days before a day-long hearing was set to run.
The offence was levelled after officers tried to arrest Mackay on Bridge Street, near Phillip Street, but he refused to comply.
Pepper spray was used but didn't stop Mackay from pulling away and crossing the road, recording police on his phone.
After Mackay ignored requests to stop and lay down, police dog Alpha was given the command to arrest him, causing deep puncture wounds to Mackay's leg.
He was taken to Tamworth hospital for surgery and the court heard he had to have 40 stitches.
Ms Soars said the punishment Mackay had been subjected to as a result of the dog arrest was "significant".
She urged Mackay to treat his time in court as a wake-up call, noting these offences were the first of their kind on his record.
The sentences took into account discounts for his guilty pleas.
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