CAUSING "mayhem" by screaming in the street before assaulting police has seen a man narrowly escape time in prison
Robert Marshall Callaghan, 57, of Payne Close, Kelso was sentenced in Bathurst Local Court on November 29, 2023 after he pleaded guilty to resisting and assaulting police.
Court documents state Callaghan was walking along Boyd Street in Kelso around 7pm on September 9, 2023 when he began to yell at police and a person, who had been pulled over.
After hanging around for a short while, Callaghan made his way to Bonner Street where he was found by the officers yelling and swearing as he walked in the middle of the road.
Police pulled up beside Callaghan to ask if he was ok, but were met with swearing and abuse, according to court papers.
Police got out of their vehicle and asked Callaghan for his identification details, believing he was alarming people nearby.
Then, Callaghan suddenly ran from the police.
The court heard officers caught up with Callaghan near Bannerman Crescent, and when trying to hold him, he thrashed his arms and continued to yell.
Callaghan was taken to the ground by police, where he continued to struggle and hurl abuse at the officers.
He was then handcuffed and walked to a police vehicle as he screamed, which drew a number of people onto the street.
Callaghan spat at the offices a number of times, court papers said.
He said he had only been "blowing" on the officers, despite saliva landing on an officer's arm and clothing.
He was taken to Bathurst Police Station, where due to his level of intoxication, the arrest was discontinued.
As a result of the incident, one of the officers suffered a cut to one of their fingers.
Callaghan's "chequered" history was addressed by his Legal Aid solicitor Simone Thackray, who noted her client was a past heroin addict and had since been addicted to alcohol.
Ms Thackray said Callaghan had been doing counselling to address his addiction, which was described as an "ongoing struggle".
The court heard Callaghan was also booked in for an alcohol detox.
"Mr Callaghan is doing all of the things he should be so things like this don't happen," Ms Thackray said.
Magistrate Elizabeth Ellis told Callaghan that he was "causing mayhem for everyone".
"Spitting is almost the worst assault," Ms Ellis said.
"Assaulting police is never acceptable, resisting police is not acceptable."
Callaghan was placed on an intensive correction order for 15 months, with the condition he abstains from alcohol and drugs for the entire period.