Man jailed after assaulting two Bendigo police officers in March 2020

Luke Macpherson, 29, was sentenced in the Bendigo Magistrates' Court on Friday after pleading guilty to two charges of recklessly causing injury to an emergency service worker and one count of being drunk in a public place.

The recklessly causing injury charge carries a mandatory minimum six-month jail term.

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But if an offender can prove alcohol and drugs were not the main cause of their mental impairment at the time of the assault, they may receive a lesser prison sentence or a different court order.

The offender can also receive a lighter sentence if they can show they have impaired mental functioning that will make prison a greater burden.

Macpherson's defence lawyer Robert Morgan told the court his client was experiencing post traumatic stress disorder during the attack on March 7 last year.

The 29-year-old was captured on CCTV footage and police body cameras assaulting two officers in Bendigo after they tried to arrest him for being drunk in a public place.

The court heard Macpherson punched a policeman three times to the head and to the shoulder.

He also assaulted a female police officer, grabbing her in a headlock and trapping her on the ground. Macpherson punched the woman to the head three times and ripped her hair out.

The court heard one of the police officers experienced temporary hearing loss as a result of the assault.

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The other officer received bruising to her head and body, scratches, temporary ringing in their ears, and chunks of her hair were missing.

Macpherson told police he couldn't remember the assault, saying he had consumed several beers and whiskey shots that evening.

Magistrate Megan Aumair on Friday said she was not convinced there was a causal link between PTSD and Macpherson's offending.

She said it was clear Macpherson had been "significantly intoxicated" and was "enraged" when police tried to arrest him.

But Magistrate Aumair said she was satisfied Macpherson now suffered from impaired functioning due to PTSD, depression, and anxiety.

She said those conditions would make prison a greater burden for him.

Magistrate Aumair said she accepted Macpherson had genuine remorse about the offending and that his condition may deteriorate in prison.

"But there were two police officers who were only doing their jobs and became the victims of a vicious attack," the Magistrate said.

Macpherson was convicted and jailed for two months. If he did not plead guilty, he would have been jailed for six months.

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