A 27-year-old Narromine man who allegedly punched a police officer unconscious before smashing the windscreen of a police car has had seven charges laid against him dismissed on mental health grounds.
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In Dubbo Local Court on Monday, Magistrate Theresa Hamilton said Issac Thomas Newbigging had been suffering from a chronic mental illness when he was involved in an altercation with a police officer on Christmas eve last year.
"It would be appropriate to allow an opportunity for the mental health process to work," she said.
Newbigging was before Dubbo Local Court charged with a range of offences including assaulting a police officer and causing bodily harm, resist police, damage property, affray and breaching an apprehended violence order (AVO).
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However the charges were dismissed by Magistrate Hamilton under the Mental Health Act, which allows the court to divert defendants to receive treatment from mental health professionals.
The charges were dismissed on the conditions Newbigging attend a mental health inpatient unit, comply with any treatment order and abstain from alcohol and using any drugs.
Police alleged Newbigging assaulted an officer who was responding to reports of a domestic dispute on Merilba Street in Narromine on December 24.
It's alleged after the senior constable was knocked to the ground he lost consciousness. Newbigging allegedly took the officer's radio, smashed the police vehicle's windscreen and threw the radio across the road.
Newbigging was arrested and had been remanded in custody for two months.
Defence solicitor Paul McGirr told the court Newbigging had schizophrenia and had not taken medication in the four months prior to his arrest.
"He was having an episode at this particular time," Mr McGirr said.
"He fell through the cracks and no one was looking after him."
The court heard Newbigging had the support of his mother, despite the injured police officer having previously put an AVO in place to protect her.
"She did not want the order. Police made an order on her behalf," Mr McGirr said.
"She never got a say ... it was done without her knowing."
The police prosecutor told the court the alleged incident in December came after an incident at his mother's workplace in Narromine.
"It was a terrifying incident that the officer in charge encountered," the prosecutor said.
"Numerous punches were thrown towards the police officer ... which caused him to lose consciousness.
"The defendant removed the radio from the police officer, which ultimately didn't give that police officer an opportunity to call for further assistance."
However the police prosecutor told the court it was agreed Newbigging required long-term treatment for his complex mental illness.
Mr McGirr said Newbigging had a limited criminal record and had a strong support network.
"We're dealing with someone who needs help, the prison is not the right place for this particular person," he said.