'You'll be dead in the street', Lismore magistrate warns
A MAN who attacked a police officer during arrest has been warned to stay away from drugs or he'll "end up dead in the street".
Heath Jamison Baird, 39, faced Lismore Local Court on Thursday for sentencing over assaulting an officer in the execution of duty, two counts of resisting an officer in the execution of duty, resisting or hindering police officer in the execution of duty and three counts of contravening prohibition/restriction in AVO.
Baird had pleaded guilty previously to all charges, including the most serious matter of assaulting police when in January this year he took a boxer's pose and unsuccessfully attempted to throw two jabs at an officer before escaping arrest.
The court heard Baird, who had previously served roughly three months in jail and the Balund-a Program, had been impacted by the drug ice for many years.
Despite leaving the Balund-a program before completion, Baird's solicitor, Tenika Vakauta, said her client had a "solid attempt" at sobriety for the first time in years while in custody.
But Magistrate Peter Bugden said regardless of Baird's attempts at rehabilitation he could not get past the police assault charge and would have to authorise imprisonment of some form.
He also added the multiple contravening of the AVOs was concerning to the court.
"Those orders are made for a very good reason and that is to keep a distance between the perpetrator and the victim," Mr Bugden said.
"Sometimes it's tragic when people do not abide by the orders of the court, not just in this town or in NSW but in the whole of Australia. Even when victims don't accept they need the protection the courts provide.
"I could regard it as a contumelious regard of the orders but you keep breaching the orders.
"In terms of assaults on the police, probably due to the skills of the constable, he wasn't injured.
"Your lawyer said in the throes of ice you stood in a boxing stance and threw punches before running away.
"The court has the responsibility to back up police in the dangerous situations they find themselves in."
Baird was sentenced to 12 months imprisonment, which was back dated to three months ago and he was eligible for a nine-months parole period as of Thursday.
Mr Bugden also issued a 30-month community corrections order for the contravene of the orders.
Part of the CCO conditions included Baird refraining from any illicit drug use.
"If you breach them you know, I know and everyone knows you'll go to jail," Mr Bugden said.
"Sometimes I'm wrong and I'm very happy to be wrong but if you don't take a stand, you'll be dead in the street in a couple of years.
"It's a difficult thing to say you can't use drugs. I hope you don't end up dead in the street."