Paul Tierney, who has spent 148 days in custody, appeared by video link in Ballarat Magistrate’s Court and, contrary to his defence lawyer’s advice, requested a sentencing indication.

Tierney is charged with multiple assault offences, including serious assault on police and making threats to kill.

The court heard police were called to a neighborhood dispute in the accused’s street at 8.30pm on 21 February.

They re-attended at 11.15pm after a resident called 000, saying his windows had been smashed, garbage thrown over his front yard and that the accused had threatened to kill him.

On arrival, police said the accused and his partner began yelling abuse and that both appeared drug and alcohol affected.

During the subsequent arrest, it is alleged that Tierney grabbed hold of the officer’s gun, trying to remove it from the holster and yelling “I’m going to f**king kill you, you c**t. You will see.”

In the ensuing struggle, the officer’s equipment belt came loose, leaving the firearm secured only by a strap.

The court heard the accused continued to be “extremely violent’ towards police, biting an officer and headbutting another as he was put into the van.

Police said the accused could not be interviewed or taken from his cell at the station. 

Magistrate Capell said if the allegation of attempting to remove the officer’s firearm was proven then it was “seriously high end”.

“If the accused thinks that, by pleading today, he will avoid or reduce a sentence of imprisonment that is not going to happen,” he said. 

“It is my sentencing indication at this point that he (the accused) is facing a very lengthy jail term.”

The case was adjourned to a contested hearing in the Ballarat Magistrate’s Court on 30 October 2018.