Delivering his findings in the Alice Springs Supreme Court recently, Justice Martin found Thomas Rambler had used unreasonable force during the incident two years ago.

The 32 year old was “grossly intoxicated” when he got into a fight with his victim’s son.

The victim walked between them and punched Rambler who then retaliated by punching him, breaking his jaw.

The man was sent to Royal Darwin Hospital for treatment and still has wires in his jaw.

He told the court he had forgiven Rambler and did not want him to go to gaol.

Justice Martin told Rambler that in some situations the wishes of the victim cannot be given too much weight such as in the case of vulnerable women.

“However, in the particular circumstances of this matter, the wishes of the victim carry significant weight,” he said.

“There is nothing in your background to suggest that you are likely to get into this sort of trouble again ... and there is no previous offence for assault.”

Justice Martin sentenced Rambler to 13 months imprisonment which he suspended immediately on the condition he returned to Barrow Creek.

“You have to go straight home,” he said.

“No going into town and drinking; none of that.

“If you go into town and drink they will bring you back here and I will put you in gaol.

“So you go straight back to Barrow Creek with the family today. Alright?”