Off-duty police officer sentenced for punching man at Southgate Inn while visiting Tamworth

Logan Rodney Harris was sentenced to a 14-month good behaviour order without a conviction in Tamworth Local Court on Wednesday after earlier pleading guilty to common assault.

The 28-year-old was handed the extra conditions of not being allowed to drink alcohol at pubs, clubs and other licenced venues, and must not be intoxicated in public.

Submissions were made by both the prosecution and defence but magistrate Julie Soars said she was limited in what she could do.

She told the court no past cases had been put on the table that were clear about whether certain principles extended to apply to a police officer committing an assault in a "social context" while not in uniform.

"The issue is this is an assault in a bar by an off-duty police officer," she said.

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She said based on the material before her, the fact Harris was a police officer didn't appear to have anything to do with the punch-up.

"I'm not going to treat Mr Harris differently to any other member of the public I would be sentencing for this offence," she said.

The court heard Harris, a constable serving in a command several hours away, was in Tamworth for a NSW Police rugby league association carnival when he went to the Southgate Inn just after 12:30am on April 3.

Ms Soars said Harris and the victim appeared amicable, shook hands, then "for some reason or other, it escalated into sudden violence", all captured on CCTV.

A set of agreed facts show Harris bought three schooners of beer when he arrived at the pub and spoke to the victim for almost half-an-hour.

He went to another table of patrons just after 1am and told them "watch what I do to this motherf***er", according to the facts.

Solicitor Elodie Somerville from the state prosecuting authority, the DPP, submitted the attack was alcohol-fuelled and "out of the blue".

Defence solicitor Robert Mulley argued that although there was no evidence before the court of what exactly unfolded, something had to have happened to cause the outburst.

"I'm limited to the facts that indicate initially they were talking, then something happened," Ms Soars said.

"I've already indicated I can't take the disputed conversation into account."

The court heard Harris threw one punch, causing soreness to the victim's head and eye, then the victim punched him back twice in the head, causing him to fall to the ground.

Mr Mulley said Harris was "concussed" and "confused for the rest of the evening".

He submitted that was extra punishment that should be taken into account at sentencing, and Ms Soars agreed.

The court heard Harris was sorry for the unplanned punch, had no criminal history, and was supported by references.

Harris and the victim knew each other from growing up in the local area.

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