A MAN who turned on police by brandishing a chainsaw has been placed on a presentence order for six months.
Magistrate Zempilas told Andrew Philip McCarthy, 29, that his behaviour had been “most serious” and that whether his intent was to harm or not did not undermine the fear and distress that action must have caused.
The court heard that at 6.55pm on December 3, 2012, McCarthy was found standing in the front yard of an address in Dalyup Drive, a location he was not to attend under a police order.
The police prosecutor said McCarthy approached police in an aggressive manner before challenging them to leave the property.
Officers deemed his behaviour erratic after he punched a fence. His threats continued, causing police to draw their tasers, fearing serious injury.
McCarthy told police he was going to get a bat from the backyard, returning instead with a garden digging tool.
He waved it back and forward, threatening to use it on the officers.
Police told McCarthy to place the tool down. McCarthy instead went into the backyard, returned this time with a chainsaw, and revved its engine.
Police drew their firearms and tasers before McCarthy uttered: “Go on, f*****g shoot me.”
McCarthy ignored the requests of officers to drop the weapon, was tasered, and restrained in handcuffs.
The police prosecutor said he felt imprisonment was the only appropriate result for the matter and said there was a general need for deterrence.
“He continues to minimise the seriousness of his offending and to display negative attitudes to police,” he said.
“What will it take to get him to change his mind?
The incident followed another on December 1, 2012 in which police found McCarthy at the same Dalyup Drive address at 8.45pm.
McCarthy agreed to leave with police and was placed within their vehicle.
Upon seeing his partner speak with police, the court heard that McCarthy kicked the vehicle and shouted obscenities and threats at police. He was then placed under arrest.
At the Esperance Police Station, it was heard that McCarthy refused to enter the lock up, despite a number of police attempts.
McCarthy tensed up and tried to break free of the officers’ grip but was soon forced to the ground.
In relation to the charges on December 3, 2012, Mag Zempilas said it was extremely serious that McCarthy had turned on police with the weapons.
“Police have to be prepared for every eventuality; even the most innocuous situation can turn fatal,” she said.
Mag Zempilas said she felt that a presentence order would reduce the risk to the community.
McCarthy was placed on a presentence order of six months and was issued a global fine of $700 with court costs of $68.