Paul Smith, 32, of McLellan St, Ararat, had been sentenced to 42 days in jail after pleading guilty in the Ararat Magistrates Court to criminal damage and unlawful assault.

At the time of the offences in Ararat on December 19 last year, Smith was serving a four-month suspended sentence that had been imposed in the County Court at Ballarat in April, 2003.

At the appeal hearing yesterday, the court heard that Smith had been walking along Barkly St in Ararat with a female friend when he approached the victim, who was sitting in a parked car outside a milk bar.

A conversation took place between Smith and a third party, before Smith started throwing punches at the victim through the driver's window.

The court heard Smith struck the victim, who had a broken leg, in the side of the head, before a friend of the victim's intervened and pushed Smith away.

Smith then punched and shattered the car's windscreen, spraying the victim with glass.

Defence lawyer Scott Belcher told the court that Smith's sister had been involved with the victim and there was bad blood between the parties.

Smith had been drinking light beer on the night of the assault, he said.

Mr Belcher said that while Smith had experienced problems with alcohol in the past, he had addressed those issues as part of a recent community-based order.

Smith had not, however, addressed his anger-management problems under the order.

Smith had also recently broken up with his girlfriend.

Judge Walsh upheld the magistrate's decision and restored Smith's suspended sentence.

He ordered both jail terms to be served concurrently, making Smith's effective sentence to be served four months.