The son of a former Orange police officer has been sentenced to 12-months' jail for assaulting an off-duty police sergeant outside a hotel in Lords Place.
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Magistrate David Day gave Jake Samuel Macartney, 23, formerly of Connemara Drive, a six-month non-parole period for assaulting an officer causing actual bodily harm, in Orange Local Court on Monday.
He was later released on bail after lodging a severity appeal to be heard in Orange District Court in August.
Macartney changed his plea from not guilty to guilty this year and solicitor Mason Manwaring said he didn't know the man he assaulted was a police officer.
However, the police statement quoted Macartney as saying, "stop, my dad's a cop too," when he was being escorted outside of the hotel.
Only a full-time custody sentence is appropriate.
- Magistrate David Day
Police prosecutor Sergeant Beau Riley also raised comments made by a co-accused who yelled encouragement to Macartney during a scuffle saying, "f*** the cop's face, f*** the cop's face."
Mr Manwaring also urged the court to consider an alternative sentence and said he had moved to Queensland.
But by moving interstate, he was not eligible for community service, home detention or electronic monitoring and Mr Day described a community-based order without conditions as a "Micky Mouse penalty" and "only a full-time custody sentence is appropriate."
According to police, Macartney was drinking at the Hotel Canobolas on October 19 when a staff member told him to leave due to intoxication at 9.25pm, but he retorted with a homophobic slur saying, "f*** you fa***t c***, don't tell me what to do," and smashed his glass.
An off-duty sergeant, who was socialising at the hotel, saw Macartney push the employee.
Video footage, previously seen by Mr Day, showed showed the officer approach Macartney, show his police ID, introduce himself and tell him he was under the arrest.
Macartney said to him, "f*** off fa****t, don't touch me," and once outside he broke free, tried to take the officer to the ground.
During the struggle Macartney, placed his thumb in the officer's mouth and said "f*** you c***, I will f***ing rip you apart."
The police officer had a sore thumb and scratches on his face, neck and mouth, his shirt was ripped and the face of his Apple watch was damaged.
Macartney was ordered to pay him $498.95 in compensation to fix the watch and replace the shirt.
He was also fined $1100 and given a two-year community corrections order requiring rehabilitation for resisting the officer, $1100 for assaulting the employee, $110 for destroying the glass and $220 for failing to leave.
- Macartney appealed his jail sentence in Orange District Court on August 29, 2019. Instead of full-time jail, Acting Judge Geoffrey Graham gave him a two-year intensive correction order, which is a community-based custodial sentence with conditions he take part in treatment programs, for assaulting the police officer. He maintained the community correction order for the resist charge but reduced the fine to $500.
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