A MAN who threatened to kill police officers and rape their wives had his two-month prison sentence overturned on appeal in the County Court of Ballarat on Monday.
Raymond Muir, 38, was convicted in May of two counts of assaulting and resisting police and three counts of threatening to kill, at the Ballarat Magistrates Court.
On Monday, Muir’s prison sentence was suspended for six months and replaced with a 12-month community corrections order.
In reading a summary from police informant Senior Constable Frank Scopelliti, crown prosecutor Patrick Bourke said Muir had been drinking heavily at Tongala Caravan Park prior to police arriving on January 15, 2012.
The court then heard Muir began abusing and threatening police when they arrived.
“I’m going to kill you. When the boys get here, you’re done, you’re dead,” Muir said to police.
Officers sprayed Muir with OC spray after “he moved in a threatening manner towards them”.
Muir struggled with police until he was placed in a divisional van, where he then spat on Senior Constable Scopelliti’s face and vest.
Muir’s threats continued during transit to Bendigo police station and police were unable to interview the Ballarat man because of his agitated state, Mr Bourke said.
Defence lawyer Daniel McGlone said at the time of the incident, Muir, who had been diagnosed with schizophrenia and bipolar disorder, was using alcohol to hide his psychological problems.