A MAN has lodged an appeal to the district court after he was thrown in jail for kicking a police officer in the groin on a drunken night out.
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Rick Boardman, 52, of O'Connell Road, Oberon was sentenced to time behind bars after he pleaded guilty in Bathurst Local Court on May 10, 2023 to:
- Assaulting a police officer,
- Resisting a police officer,
- Intimidating police,
- Failing to leave a premises when required, and
- Possessing a prohibited drug.
According to court documents, Boardman was at Paddy's Hotel in Bathurst during the evening of April 28, 2023, where he drank a considerable amount of alcohol.
Staff at the hotel asked Boardman to leave and offered to take him home on a courtesy bus but he refused.
Police were called and arrived about 9.25pm to see a drunk, unsteady Boardman standing about 15 metres away from the hotel's front door.
While talking with police, Boardman's mood changed erratically and he became unpredictable, as he explained that he had fallen on hard times and turned to alcohol as a result.
When Boardman heard police had called an ambulance to help, he became irate and clenched his fists, pounding them onto his chest and said "who am I going to (expletive) punch?".
He was tackled to the ground by police and handcuffed.
Police were about to search Boardman when he said there was a small amount of cannabis wrapped in foil in his pants, which was later weighed as 0.91 grams at Bathurst Police Station.
The court heard Boardman ignored police directions to stay sitting on the ground as they waited for the ambulance, which resulted in a number of wrestles.
Police then took Boardman to Bathurst Base Hospital as the ambulance had a priority call to attend.
As he was escorted into the emergency room, Boardman kicked one of the officers between the legs with steel capped boots.
Fearing further attacks, the officer struck Boardman in the face and took him to the ground.
The entire assault was captured on CCTV footage.
Boardman was taken to Bathurst Police Station where he said to police "I can't wait to see you out on the street, I'm going to bash you. Going to break your legs and make you a paraplegic (expletive)".
Sentence
During sentencing, a self-represented Boardman told the court he had 22 standard drinks on the night after he had been sober for a lengthy period of time.
"I had a bad day," Boardman said.
Magistrate D Pearce noted Boardman had a similar offence in 2021 and said it was clearly alcohol-related.
"The police have been brought into a situation and you kicked them. They've got to put up with people like you," Mr Pearce said.
"Your excuse that you drank too much alcohol is obvious."
Boardman was sentenced to 12 months jail with a non-parole period of nine months. He will be eligible for release on February 9, 2024.
Boardman's appeal is listed for mention in Orange District Court on May 22, 2023.
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