Man avoids conviction over assault at Albury tournament, must tackle grog issues

But Albury Local Court magistrate Melissa Humphreys said it was clear there was a degree of provocation behind what Michael William King did.

The court heard the other player King assaulted was being "obnoxious" with comments he was making, including disparaging remarks about a wheelchair-bound competitor.

Defence lawyer Graham Lamond submitted to Ms Humphreys that his client, who was taking the matter "extremely seriously", could be sentenced without the need for a conviction.

"He is certainly aware he has done the wrong thing and is very conscious of that," Mr Lamond said.

Prosecutor Sergeant Andrew Coombs said it was conceded the matter involved "some degree of provocation".

The disability support worker, 38, pleaded guilty to a single charge of common assault.

The court was told King took part in a poker tournament at Albury's Commercial Club that ran from June 7 to 11.

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The victim was at a table on June 10 about 7pm when he told a woman dealing cards that "at the standard of poker we're playing, if you can't deal you shouldn't (be) playing".

The comment upset the woman, who began crying.

About 11.30pm, after the game ended, the victim began walking to the cashier with his playing chips.

"As he walked past the accused, Michael William King, he was struck twice to the back of the head."

The man turned around and struck a defensive pose, but others nearby separated the pair before they could come to blows.

The man suffered a "lingering" headache but no other ill-effects from the attack by King, who was moderately affected by alcohol.

Police went to King's home on the evening of June 28, when he outlined his contact with the victim during another match on the afternoon of June 9.

"(The victim) had been obnoxious throughout the game until making a series of comments in relation to the NSW rugby team due to the accused wearing a rugby jumper," police said.

The victim also called a friend of King's who had blue hair a "f----t".

Police said King told of how he "suffered" this behaviour until the end of the match, and that the victim also called the player in the wheelchair a "retard".

Mr Lamond submitted to Ms Humphreys that while not negating King's behaviour, it was still worth noting that police made reference in their outline of the case the behaviour of the victim.

Both King and the victim were ejected from the club after the incident on the 10^th.

Ms Humphreys said King's assault clearly was out of character.

She placed him on a 12-month conditional release order, without imposing a conviction.

Ms Humphreys ordered that he see his general practitioner within the next four weeks for the preparation of a mental health plan that addressed his use of alcohol.

King must then provide a copy of the plan to the Albury courthouse registry.

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