Jailed for resisting police, but he walked free the same day

Bathurst Court House
Bathurst Court House

A MAN who tried to resist police by running away when they tried to arrest him has been jailed for one month.

But Tony James Simmons walked out of jail the day of his conviction, with magistrate Michael Allen backdating the sentence to September 4, 2017 - just after he was taken into custody.

Police facts outlined how Simmons was on bail from the District Court, which included a curfew and reporting to police daily unless in rehabilitation.

If he was released from rehab, Simmons had to notify police within 12 hours so his curfew and reporting requirements would be reinstated.

Simmons checked into rehabilitation on June 14 but on August 23 when police went to confirm he was still there they were told Simmons had discharged himself on July 30.

He had not reported himself to Bathurst police station following his discharge.

On September 1, police attended a property in Rankin Street where they saw Simmons on the lounge.

As police arrested him he leaped over the lounge, ran through the kitchen and into the laundry.

Police chased him and grabbed his arm to pull him back into the kitchen.

A wrestle ensued before Simmons was handcuffed and taken to Bathurst police station.

Simmons’ solicitor, Mr Lorkin, said his client pleaded guilty to both matters and noted when it came to evading police, the only matter on his record was a high speed chase.

He said his client obeyed every condition of his bail except reporting, because “he forgot”.

In sentencing, Mr Allen noted Simmons had last come before him on September 4.

On sequence one, resisting an officer, he was jailed for one month expiring on October 3, 2017. Sequence two was dealt with by way of a Section 10 A conviction.

Mr Allen then explained to Simmons what had occurred, saying he had “imposed a fixed term of one month but backdated it.”

“So I’m done?” Simmons asked.

“You’re done,” he replied.