Jeremy Herbert Armstrong convicted of affray in Coffs Harbour court

A pub argument escalated into a fight that ended in a man being taken to hospital after he was stomped on.

A 22-year-old Coffs Harbour man has narrowly avoided jail time after he “stomped” on a man’s head during a violent pub fight.

Jeremy Herbert Armstrong was sentenced in Coffs Harbour Local Court on Monday for a string of charges including affray, breaching a court order and not complying with the conditions of his licence.

Magistrate Ian Rodgers said the offence took place on May 1, when an argument broke out between Armstrong and the other man at a Coffs Harbour pub.

He said the other person stuck up his middle finger before Armstrong ran towards him.

The pair started punching each other, narrowly avoiding striking two seven-year-old boys who were attempting to escape.

Mr Rodgers said the second man fell to the ground and Armstrong used his right foot to stomp on his head, stunning him momentarily.

He was taken to hospital and had to get stitches.

Mr Rodgers said it wasn’t the first time Armstrong had been involved in a public offence of violence.

Jeremy Armstrong faced sentencing in Coffs Harbour on Monday.

At the time of the affray, Armstrong was on a community correction order for assaulting a cyclist and stealing his bike.

He was previously convicted on a charge of assault occasioning actual bodily harm and larceny in relation to the 2019 incident.

Armstrong’s lawyer urged Mr Rodgers not to sentence his client to jail, saying the tradesman was reforming himself through rehabilitation and had refrained from drugs and alcohol after the “wake up call”.

The police prosecutor however argued that Armstrong had already had prior opportunities to rehabilitate himself, pointing out he was first dealt with by the court for a mid range drink driving offence in 2017.

“My friend says he’s turned the corner – he’s turned the corner because he’s looking at full time jail,” the prosecutor said.

“The community expects that if you go to the pub and drink too much, start a fight narrowly missing two children, and stomp on the head of the person you’re fighting … that you go to jail.

“You put the boot in, you go in.”

Mr Rodgers convicted Armstrong of the affray and court order breach and sentenced him to a 14-month intensive corrections order, which is a custodial sentence served in the community.

He ordered Armstrong undertake home detention, and adjourned the matter to November 26 to allow for a home detention assessment to be undertaken.

Armstrong was also convicted and fined $880 for not complying with the conditions of his licence, after he was caught driving a car that did not have an interlock device installed on August 30.