Sacked NRL player Russell Packer did not throw the first punch in a vicious assault in Sydney, a court has heard.
But his bid for release from jail into a rehabilitation centre was knocked back in the Downing Centre District Court because, whoever started the November 2013 fight, his behaviour was so violent in the moments that followed.
Packer pleaded guilty to assault occasioning actual bodily harm over an incident in which he repeatedly punched and stomped on a man in Sydney's Martin Place in November.
In January, the former Warriors prop was sentenced to two years jail.
He had been in Australia for only about a month when the assault happened and had just signed a three-year deal with the Newcastle Knights.
He has since been dumped by the club and remains behind bars.
Packer's legal team launched an appeal of his sentence on Monday. Barrister Greg James QC told the court the 24-year-old did not start the fight that landed him in jail.
"He asserts, and asserted to others shortly after the event, that the victim punched him first," Mr James said.
He said Packer's battle with alcohol "amounts to a mental condition and an addiction", and called on Judge Chris Hoy to order a report that would pave the way for Packer to serve his sentence in the community rather than in custody.
He also wanted Packer to be released on bail into a residential rehabilitation facility as he awaits the outcome of the appeal.
But Justice Hoy refused bail, saying "the circumstances of the offence represent serious violent behaviour".
He also ordered NSW Corrective Services to produce a full drug and alcohol report on Packer.
The public gallery was filled with journalists, Packer's partner and members of his family, who flew in from New Zealand to support him.
The court heard Packer's partner remained in Australia.
"It's a difficult situation," Mr James told reporters outside court.
"The family and his club are supporting him as strongly as they can."
The sentence appeal will be heard in April.
