Dale McDougall, 31, put behind bars after pleading guilty in Bathurst Local Court to punching a woman in the face and spitting at cops

Dale McDougall, 31, of Bannerman Crescent, Kelso, was sentenced to three years in jail after he pleaded guilty in Bathurst Local Court on February 8 to;

According to court documents, McDougall was dropped to an address on Bannerman Crescent about 4pm on February 20 last year after shopping in Bathurst.

McDougall and the victim began to argue soon after his arrival, as the victim thought he had stolen the items.

McDougall went to the kitchen and grabbed a white knife with a 25 centimetre blade, and followed the victim outside where he held the knife to the bottom of her chin, causing a small cut that began to bleed.

After he threatened to burn her house down, McDougall pushed the victim down several stairs.

The court heard McDougall then punched the victim in the mouth, knocking a tooth out. A witness then called police as McDougall ran towards Bonnor Street.

Police said they arrived a short time later and spoke with the victim when other officers found the knife he used outside of a residence on Simmons Place.

He was then seen by patrolling police on Bonnor Street trying to get into a home on Bouffler Close but was denied entry by the occupier.

McDougall was wrestled to the ground by police, who handcuffed him and took him to the rear of a caged police car.

Once he was placed inside after some difficulty, McDougall spat twice in the face of police, which hit a constable's chin and chest.

While he was being taken to Bathurst Police Station, McDougall yelled and threatened officers.

"I am going to rape you mother (expletive). I am going to rape your wife and cut her guts open," McDougall said.

Once at the station, police opened the vehicle's door and were spat at by McDougall, who was removed and taken to the custody manager where he continued to spit at officers.

McDougall was forced into a custody dock where he continued to yell. It was around this time police discovered McDougall tested positive for COVID-19 two weeks prior.

The following morning, McDougall was in his cell when an Aboriginal Legal Service solicitor called to speak with him and get instructions regarding the charges.

The court was told McDougall was let out of his cell by three officers and the custody manager and led to the charge room where he spoke with his solicitor over the phone.

During the call, McDougall became agitated and began to wave his arms around, when he said "if I go to jail, I'll kill myself. I've got a pen in front of me now". It was at this point McDougall broke the pen from a chain and backed away from the counter.

A constable ran to McDougall, and he stabbed the officer in the shoulder with the pen, as was captured on CCTV footage.

McDougall was taken to the ground by three police officers, where he was handcuffed before he was taken back to his cell.

McDougall was led to the audio-visual link room at Bathurst Police Station just before 3pm on February 22 last year, where he sat before Bathurst Local Court in relation to the mentioned matters.

The court was told McDougall was denied bail and as a result, he became aggressive and yelled at the six police officers who were waiting outside of the room to escort him back to his cell.

"If you come into this room, I'll punch you in the head. I'll (expletive) spit on you," he said.

Police opened the door and grabbed McDougall's arms and neck to stop him from assaulting them, however, he tried to rip his arms from their grip and was yelling various phrases.

McDougall was pushed into his cell and he immediately ran towards police and spat on them.

"Come in here and I'll bash the (expletive) out of you," McDougall said to police, before he threw his lunch meal all over the floor and covered his cell camera with wet toilet paper.

The custody manager instructed McDougall's move into a new cell, which was done by two officers, one of whom was spat at and kicked by McDougall.

On a separate occasion, the initial victim called Bathurst Police Station on March 7 last year to request a copy of an AVO against McDougall as she thought there was a possible breach.

Police said they went to a home on Bannerman Crescent and gave a copy of the order to the victim about 2.40pm the same day, when she explained McDougall had left her three voicemails.

The victim, after being asked by police, told officers McDougall called her mobile from Silverwater Correctional Complex, where court documents noted he was located at the time.

Police applied for a search warrant to get the audio files attached to the calls, which was executed about 8.30am on June 16.

Police alleged McDougall knew he was in breach of the AVO.

During sentencing, McDougall's solicitor, Ms Stapleton, told the court her client suffered from frequent "black outs" and had difficulty remembering things, including these matters.

Ms Stapleton - who also said in open court her client allegedly saw the fatal stabbing of a close friend which had an effect on his drug use - asked Magistrate G Haitt to consider dealing with McDougall's matters by way of an intensive correction order (ICO).

"We accept these matters cross the Section 5 threshold but he has now been in custody for nine months on these matters alone. He has been working on his behaviour," Ms Stapleton said.

Director of Public Prosecutions solicitor, Mr Amiri, submitted the only appropriate sentence for McDougall was one in full time jail, particularly given the offences occurred, according to Mr Amiri, while McDougall was on parole.

"Police are in highly vulnerable positions, they don't go to work to be assaulted. The spitting ... and use of the pen is quite extreme," Mr Amiri said.

"Since [McDougall's] returning to custody, there have been six internal charges involving intimidation and damaging property.

"And, given the breaches of AVO even while in custody, an ICO isn't appropriate."

Magistrate Haitt - who noted McDougall's "bleak" chance of rehabilitation - agreed there was no alternative to a term in prison, especially when noting his "history of violence".

"Your behaviour was totally reprehensible ... you didn't grasp the seriousness or impact on the victim," Magistrate Haitt said.

"One can appreciate the significant circumstances the complainant was suffering at that time."

McDougall has a non-parole period of 27 months.

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