A woman who punched a female plain clothes detective in the mouth when the police officer was trying to break up a fight between two men, will appeal the jail sentence she was given in Orange Local Court.
Evelyn Mary Jane Fuller, 22, of Tobruk Crescent, had been celebrating the New Year when the assault took place on Bathurst Road near Edward Street on January 1.
According to police, two plain clothes detectives were driving along Bathurst Road in an unmarked police car when they came across a large group of people walking along the footpath and road about 2am.
Despite police telling people to get off the road and trying to draw the group’s attention by flashing the car’s red and blue lights and turning the siren on and off, a fight started between two men.
MAP: A police officer was assaulted near the Bathurst Road and Edward Street intersection ...
When the female police officer got out and told the men to stop, one of the men stepped back and the detective then said to Fuller “don’t move away”.
The police officer said Fuller looked directly at her, punched her in the mouth and then ran down Edward Street with the man.
More police attended the scene and Fuller was arrested a short distance away.
Solicitor John Song said Fuller was “someone of good character”, worked full-time and was an active member of the community, particularly with sport and she accepted responsibility for her actions.
Mr Song said she was trying to get the two men to stop fighting and had been pushed by a man before the police officer approached.
Although the detective’s lip bled because of the punch, Mr Song said his client was not charged with causing actual bodily harm so the injury should not be taken into account.
However, magistrate David Day said it could be considered.
He also read out a statement from Fuller which said she did not realise the woman was a police officer.
However he said it was night so the lights of the police car would have been visible.
Mr Day said Fuller had no criminal history as an adult, except for that matter but he considered the assault to be “well and truly above the mid-range”.
He gave Fuller a seven month jail sentence with three-months to be served without parole and she was taken into custody.
However, he released her on bail that afternoon after she launched a severity appeal, which would be heard in the district court, which will sit in March when her non-parole period is due to end.
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