A DANCE floor pub fight has landed a Kelso man in court, facing charges of affray.
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Daniel Wayne Kennedy, 36, of Barina Parkway Kelso, appeared before Magistrate Gemma Slack-Smith on May 7, 2025 in Bathurst Local Court.
Kennedy, who was not convicted, instead receiving a 12-month community release order, spoke of his embarrassment in a letter written to the court.
In opening submissions, his solicitor, James Horsburgh, told the court Kennedy entered a plea of guilty at the first opportunity and handed up references, at which point magistrate Gemma Slack-smith noted aloud "alcohol and the 1880 hotel".
"There are very similar issues here," Mr Horsburgh replied, referring to a previous case the court had just dealt with.
Mr Horsburgh said his client had written a letter of remorse articulating why he was before the court.
"He makes no qualms about the embarrassment he feels," he said.
Mr Horsburgh told the court his client is a 36-year-old who holds himself out as an example to other Indigenous men in the community.
He said Kennedy has worked as a support officer at Kelso High School and also been involved in a program ensuring Indigenous young men get to school.
In addition, he now works to improve the health outcomes of young Indigenous men.
The court heard he has also played rugby league in the community.
Mr Horsburgh said his client had entered a plea of guilty at the first opportunity, and had nothing on his record.
What the police alleged
Police documents handed to the court told of how on the evening of March 22, 2025, the two victims and others in their party had been at a wedding. During the same evening and in the early hours of the following morning, Kennedy had consumed an unknown amount of alcohol at the 1880 Hotel.
It was around 1.30am on March 23 when Kennedy walked through the dance floor to cross from one side to the other, but was unable to do so freely, and pushed his way past the two victims and their associates.
The victims took offence and words were exchanged between the parties, and at some stage one of the victims and Kennedy had hold of each other by the shirt.
The confrontation turned violent when Kennedy, with a closed right fist, struck the first victim four to five times in the head. The second victim then struck Kennedy two or three times with a closed fist before being grabbed from behind by an associate of Kennedy's. While he was held, Kennedy struck the victim repeatedly with some blows connecting to the face and body.
At 8pm that night police attended Kennedy's home and arrested him.
He later told them he had "some issues at the 1880 last night" but declined to be interviewed or watch the CCTV telling police, "I probably won't be able to sleep at night if I watch the footage".
Sentenced is handed down
In sentencing, Ms Slack-Smith said Kennedy was entitled to a 25 per cent discount for his early plea of guilt.
She took into account his letter of remorse and his work in the community sector.
She put him on a 12-month Community Release Order without conviction, but warned him if he breached it, "you will be back before the court and re-sentenced".
