Boozed-up Dubbo teenager Harley Diggs violently assaults two men in one month

A teen’s unprovoked attack on a homeless man while wearing only jocks — a month after bashing a man outside a Dubbo pub — has been described as ‘utter immaturity’. The court felt differently.

Harley Diggs was sentenced in Dubbo Local Court on Wednesday.

A heavily boozed-up Dubbo teenager viciously attacked a homeless man, leaving him unconscious, just one month after assaulting another victim outside a popular pub.

Harley Diggs, 19, appeared in Dubbo Local Court supported by family as he was sentenced to five months in jail for separate affray charges and assault occasioning actual bodily harm.

An agreed set of facts tendered to court detailed how Diggs was drinking at the Castlereagh Hotel on February 19 with friends, speaking to the victim after leaving the pub.

Castlereagh Hotel on Talbragar St, Dubbo. Photo: Google Maps

A short time later, Diggs and another man attacked the victim, sparking a brawl in the middle of the road.

The pair punched the victim several times before Diggs threw him to the ground and the other man then kicked him “with force and threw multiple punches into him”, agreed facts reveal.

As the victim struggled to his feet, Diggs “knocked him back down” before security from the Castlereagh Hotel helped the victim who was “immobilised”.

Agreed facts revealed the pair remained in the area, acting in a “drunken and disorderly manner”.

Police arrived at the scene to find all parties verbally abusing each other, and Diggs and the co-accused were still wanting to fight.

The pair were arrested and taken to Dubbo police station.

Almost exactly a month later on March 20, Diggs was walking along Macquarie St with two other men when they noticed a “well intoxicated and asleep” homeless person on the porch area of Jimmy Barnett’s coffee shop.

Jimmy Barnett Espresso on Macquarie Street, Dubbo. Photo: Google Maps

The trio woke the victim up before running off and laughing among each other.

The man yelled out, prompting Diggs and the other man to return.

Diggs put both of his fists up when approaching the victim, punching him in the face and causing him to fall over backwards.

As the victim attempted to get back up from the ground, Diggs threw an uppercut, again connecting with his face.

“The victim fell flat onto his back, rendered unconscious,” agreed facts state.

The trio ran away laughing as two witnesses went to the aid of the “still unconscious” victim.

Emergency services were called to the scene shortly after, with the victim suffering an almost 3cm laceration to his right upper lip, which bled onto the footpath.

The victim also had bruising to his nose and paramedics took him to hospital.

About noon the following day, police found Diggs and the other man at the front of the Castlereagh Hotel where they were both arrested and taken to Dubbo police station.

Dubbo Police Station. Picture: Ryan Young

On Wednesday, Magistrate Gary Wilson was frank in his assessment of the two incidents, telling Diggs’ lawyer David Hemsworth, “I have no doubt [they] cross the section five” threshold – where there is no alternative other than a jail sentence.

“It’s unprovoked, violent injuries inflicted without provocation … (on) two separate occasions,” Mr Wilson said.

“I can’t understand for the life of me … that someone involved in this, while [victim] is on the ground, he’s … punched multiple times again.”

Mr Hemsworth did not accept the threshold had been crossed for his client, saying “it’s close to the section five … given the nature of the victim”.

“Then he buggers off and leaves the bloke unconscious on the ground,” Mr Wilson replied.

“That in itself [crosses the threshold] … you haven’t conceded, but said it comes close to … This is a homeless man sleeping at the front of a shop.”

Despite Mr Wilson’s comments, Mr Hemsworth argued Diggs was 18 at the time of the offence and described the attacks as “utter immaturity”.

“What I can say about the second [offence] … he was so intoxicated he was wearing his underpants and getting around Macquarie St in the state of undress,” Mr Hemsworth said.

“What he has done since is not commit any offence … it is only six months [and they were] two serious offences in the space of a month [but] he tells me he doesn’t go out [anymore.”

Ultimately Mr Hemsworth said “a very useful condition … is he abstain from drugs and alcohol”, explaining that there was a strong link between this and his client’s offending.

“You’ve heard my comments … one homeless person sleeping in front of a shop … you decided to come back and get stuck into him,” Mr Wilson said.

“The first offending, the affray as well … you’ve left someone lying on the ground in a state of unconsciousness.

“This sort of behaviour in the main street of Dubbo … first lot of offending was at 1am, the other in Macquarie St [was] quite early in the evening 10pm.

“This type of violence is inflicted by you for no reason whatsoever … I consider there is no alternative other than a custodial sentence.”

Diggs received an aggregate sentence of eight months in jail and is eligible for release on April 8 next year.