Jordan Hawkins, 26, sentenced for 'coward punching' teenager outside West Tamworth McDonald's on New Year's

Jordan Hawkins, 26, made an application in Tamworth Local Court this week to have his charge diverted under the mental health act.

Magistrate Julie Soars refused the bid - which was opposed by prosecutors - and sentenced him to a 12-month good behaviour order.

"This is a serious matter, carrying a potential jail sentence," she said.

Ms Soars said it would have been very frightening for the young victim, who was set upon outside the West Tamworth restaurant just before 2am on January 1.

"I don't think this is an appropriate matter to divert in terms of the balancing exercise, protection of the community," she said.

She ordered Hawkins keep off drugs, and engage with a mental health provider.

Aboriginal Legal Service solicitor Courtney Edstein told the court Hawkins had a significant amount of support in the community.

He was arrested in South Tamworth on January 10 after a police investigation.

The police case was that a teenager ordered at the fast food restaurant on Bridge Street about 1.30am, then sat outside.

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A group of five entered the store - including Hawkins - and left about 1.50am.

One member of the group said he knew the teenager out the front from high school, and told him "come out onto the road and fight me", according to police.

Police allege that when the teenager said "no, we are not doing this", the person moved towards the teenager and began punching him, and another male joined in.

Hawkins came up from behind the victim and "throws two coward punches" to his head, then punched him again.

The victim was "dazed", but police said the other two males continued to bash him, including once he was on the ground.

Two people rushed to help the teenager, while Hawkins and the group walked off down Phillip Street.

The victim was taken to Tamworth hospital, where he was monitored for concussion. He suffered a cut to his eyebrow, swelling and bruising to his eye, and pain in his mouth and jaw.

Police were alerted and CCTV from McDonald's was reviewed.

"A member of the group can be seen on CCTV filming the assault on his phone," police facts said.

"This assault was unprovoked, violent, and dangerous to the victim."

Police obtained a copy of that video, which was shared on Snapchat.

Hawkins pleaded guilty to the single charge of assault occasioning actual bodily harm in company.

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