John Stirling: Cobar man appeals jail sentence

A young man jailed after attacking three men in Dubbo’s CBD during a drunken night had a win in court after he appealed the severity of his initial sentence.

A 22-year-old Cobar man jailed for brutally attacking three men in Dubbo’s CBD has been allowed to serve a term of imprisonment in the community.

John Stirling was sentenced to 18 months behind bars after he received convictions for three assaults and one count of affray in Dubbo Local Court on April 15.

Cobar man John Stirling was sentenced to 18 months behind bars for a one punch attack and brawl in Dubbo. Picture: Facebook/John Stirling

Magistrate Gary Wilson handed down the sentence after Stirling’s attack – which took place after a night out drinking with his sister and mates at the Pastoral Hotel on August 22 last year — was captured on CCTV.

The siblings claimed they were provoked before the attack, because the three men allegedly had harassed Mackenzie Stirling.

“They said they were going to walk up and bash me … I’d been called a slut,” Ms Stirling said in court.

After Ms Stirling approached the three men and punched one of them, her brother rushed to her side and after one punch, knocked a man out on the ground cold for 15 minutes.

Cobar man John Stirling was told to abide by a curfew and avoid alcohol or drugs. Picture: Facebook/John Stirling

While that victim was unable to move, Stirling punched on and lashed out at another two men.

The Stirlings and their friends left the scene and went to the Commercial Hotel.

Ms Stirling was convicted of common assault and fined $1000 before her brother was handed his prison sentence.

An appeal against the severity of the prison sentence handed down was lodged immediately by Stirling’s barrister Matt Fordham.

After almost two weeks in jail, Stirling was released after he was granted appeals bail in the District Court.

On May 17 Judge Nanette Williams upheld the appeal and set aside the sentence handed down by Magistrate Wilson.

Stirling was re-sentenced to a two-year term of imprisonment to be served in the community in the form of an intensive corrections order.

He was also ordered to undertake 100 hours of community service work, banned from drinking alcohol for two years and required to abide by a curfew for three months while not at his place of employment.