A Wollongong man who pleaded guilty to grabbing a police officer's pistol has now denied the offence, claiming he had merely staggered because he was affected by pain medication.
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Jeffrey John Smith, 53, faced Wollongong District Court where he appealed the six-month jail term he'd received for harassing a police officer.
Smith was sentenced at Wollongong Local Court in October in relation to the crime that occurred on the night of Friday, March 11 this year.
On that night four officers were outside Heyday bar in Crown Street, dealing with an unrelated matter.
Smith was walking along the footpath when, about five metres from three of the officers, he started walking directly towards one of them with his arm outstretched.
He grabbed the constable's pistol grip and attempted to pull it from the holster, but was unsuccessful as police-issued holsters have a strap to prevent the firearms being easily removed.
Another officer told Smith to stop as he walked several metres away, before he was stopped.
When he was asked what he was "playing at" by grabbing the pistol, Smith responded: "I didn't go to get her gun out, I only touched it".
Smith appeared intoxicated and due to this he was not offered an interview when he was taken back to the police station, but in the charge room he said: "I don't know why I did it".
Representing himself in court on Friday, Smith said he only pleaded guilty because Legal Aid informed him he would not get a hearing until next year.
He accused the officers of collaborating with one another on a statement and of being a danger to society.
Smith said he had taken pain medication and consumed two to three drinks that night.
He told the court he had "staggered over there" because the medication had given him vertigo.
Smith also suggested he might have been walking towards the officers to ask for help.
"I swear I never grabbed no gun," he said.
Assisting the court, lawyer Matt Kwan noted that the risk to the community would have been higher but to Smith it would have been higher, had he succeeded in removing the pistol from the holster.
He said this ought to have some affect on the assessment of the sentence.
The Crown prosecutor described the crime as an "extremely serious offence" and Smith had shown no remorse.
She argued the sentence needed to act as a deterrent, and noted Smith had six prior offences for assaulting officers and seven for resisting them.
Acting Judge Paul Conlon said the offences were serious.
Judge Conlon said the contact was momentary and there was no struggle involved, but Smith's criminal record did not entitle him to leniency.
He cut Smith's sentence by two months, meaning Smith will be released in February.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
