West Kempsey man sentenced after assaulting a police officer

Billy Joe Stewart, 40, was sentenced at Kempsey Local Court after pleading guilty to all eight charges.

According to documents tendered to the court, police received a call about a domestic violence assault at a property on Yarravel Street, South Kempsey around 11.20pm on Saturday, September 9.

Police found Stewart located behind an open door at the property where a 24-year-old woman was also located.

Stewart presented himself to police with a pocket knife found by police in his front right pocket.

Earlier this year Stewart had been served an Apprehended Violence Order (AVO).

One of the conditions of the AVO was that he must not approach or be in the company of the 24-year-old woman for at least 12 hours after drinking alcohol or taking illicit drugs.

He was handcuffed by police and admitted to consuming two Tooheys New stubbies in an hour and a half despite being aware of the AVO in place between himself and the woman.

Stewart was walked to the police caged vehicle at the front of the property.

Officers had removed the handcuffs due to Stewart being cooperative but after being directed to sit himself in the cage, he refused to comply.

The documents state that police put hands on Stewart and directed him into the cage, but he brushed police away.

Four police officers including a senior constable then attempted to get him into the cage.

Stewart punched the senior constable in the face, making contact with his mouth.

When the constable pushed back, Stewart grabbed him by the left ear.

According to the court documents, the constable "instinctively defended himself from further assault, by punching" Stewart in the head, thereby releasing his grip on his ear.

Stewart made contact with the ground causing lacerations to his nose and cheek.

Police were able to gain control, handcuff Stewart a second time and forcibly place him into the cage to be conveyed to Kempsey Police Station.

During the car journey and while in custody at the station, Stewart made comments towards police including "I'm going to kill all of you [expletive]", and 'I'm going to kill you all! And all your kids!" and acted in a hostile manner.

An ambulance attended to Stewart at the police station however due to his ongoing hostility, he was not taken to Kempsey District Hospital.

Stewart appeared in custody via video link in Kempsey Local Court before Magistrate Scott Nash on Thursday, October 13.

Stewart had originally been facing four charges including:

Police prosecution successfully moved to have the final charge split five ways with a charge for each officer Stewart intimidated.

Stewart's lawyer, Kevin Henshaw told the court that his client had been in custody since September 9 and argued that Stewart should be back in the community.

"This was an incident that could have been avoided if Mr Stewart had gotten into the police vehicle," he said.

"But it could have been avoided if police were a little more patient with their dealings with Mr Stewart."

The police prosecutor argued against Stewart's release given he had been on parole for two matters against police officers at the time of the incident.

Magistrate Nash adjourned the matter over to the following day, Friday October 13 to consider the material submitted.

Steward pled guilty to all charges including the additional charges ahead of his sentencing.

Magistrate Nash sentenced Stewart to an aggregate term of imprisonment of eight months with the time already served in custody going towards his sentence.

He will have a non-parole period of 4 months and will be released to parole on January 7, 2024.

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