A man who punched another man, armed himself with a piece of timber and then as he was arrested kicked a police officer will spend New Year’s Day in jail after being sentenced in Dubbo Local Court.
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Hank Edward Hammond, 35, was apprehended amid tense scenes, in which police fearing violence from a group of people yelling and standing in their way used pepper spray at Warren, court documents show.
The Warren man pleaded guilty to common assault, being armed with intent to commit an indictable offence and assaulting a police officer in the execution of duty, and related offences, and an unrelated driving offence.
Magistrate Paul Hayes sentenced Hammond to an aggregate maximum jail term of nine months, backdated to August when he entered custody and to expire in May.
With a finding of special circumstances, including risk of institutionalisation and need for rehabilitation from alcohol addiction, he will be eligible for release to parole on January 7.
The offences occurred on the night of August 8, and started when Hammond punched a man in the face at the doorway of the victim’s house.
Hammond returned and police saw him run into the driveway holding a one-metre long piece of timber over his shoulder.
As officers tried to arrest him, the group of people, including the offender’s family members, approached, yelling and standing in the way.
The defence said a report to the court shed light on the alcohol issues experienced by the client, who had started drinking at the age of 13 when his father died.
Hammond had a need for rehabilitation, and described himself as someone who had become institutionalised, the court heard.
The magistrate noted Hammond’s “compelling” letter that showed “some significant insight” into the direction he wanted his life to take. He said it stood in stark contrast to Hammond’s record and the offences.
The magistrate said he accepted Hammond had had a period of time to think in custody since August.
“This is your opportunity to redeem yourself,” Mr Hayes said.
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