A wind turbine technician has escaped a conviction saving his visa status after spitting on a taxi driver.
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The 25-year-old Orange resident is not named because he was not convicted.
Solicitor Andrew Rolfe said his client pleaded guilty to the common assault charge at the first opportunity.
The man appeared in Orange Local Court on Thursday, January 25 for sentencing.
According to documents supplied to the court, the man was drinking with friends at the Ophir Hotel on Sunday, December 10, 2023, but they hired a taxi to go to a Summer Street address at 8.45pm.
The fare was paid and two occupants got out when they arrived at their destination but the offender stayed along with another friend and asked the taxi to go to the Parkview Hotel, Orange.
The taxi driver started a new fare and transported the offender and his friend to the Parkview Hotel Orange, he asked for payment for the fare when they arrived as the offender and his friend were leaving the car.
The victim got out of the car and requested payment and there was a small disagreement before the offender gave the driver a $10 note for the fare.
After the victim got back into the taxi the offender then approached the vehicle said, "what are you going to do about it?" and spat on the victim's face through a one-inch gap in the window.
The victim drove away and washed his face and after giving himself some time to calm down he reported the matter to the police.
Police arrived shortly afterwards and the victim identified the offender.
Magistrate David Day said taxi drivers are vulnerable victims.
"The taxi driver being seated would not have been able to do anything about it," Mr Day said.
"How many taxi drivers do I get a year [Sergeant] Riley, half a dozen at least?" he asked police prosecutor Sergeant Beau Riley in regard to the number of taxi drivers who are victims of crime.
Solicitor Andrew Rolfe said the man has been in Australia for 11 months and the offence was out of character for the man.
"I should say he is here in Australia on a working visa.
"He works as a wind turbine technician, he travels around Australia installing wind turbines."
Mr Day's initial reaction was to convict the man but said before the offence he was "of good character" and he wouldn't have got a visa to work in Australia if he wasn't.
That visa status could be affected if the man was convicted.
Mr Day gave the man a two-year conditional release order without a conviction.
"Without a conviction is the key to his visa status," he said.
"I can't believe I did that but I did," Mr Day added once the sentencing was over.
