Man escapes jail over paramedic bashing
A convicted Victorian paramedic basher has again been spared jail time "by the skin of his teeth" for an assault after taking a cocktail drugs at a music festival.
Former Warrnambool man Haberfield, now 22, was granted an 18-month compulsory treatment order on appeal in the Victorian County Court on Monday, over the January drug-fuelled attack on ambulance officer Monica Woods at Coburg after he fled a hospital following a four-day bender at the Rainbow Serpent music festival.
"I find that special reasons do exist here. It is then open to me, and appropriate not to imprison you in this case. You have avoided prison by the skin of your teeth," Judge Michael Tinney said.
Critics have blamed the loopholes in the legislation that allow for the special reasons to allow offenders to avoid jail.
Member for Western Victoria and justice party leader Stuart Grimley, who himself has served as a policemen, was scathing of the gaps in current legislation.
"In my opinion, the special reasons should be completely abolished but at the very least, it shouldn't include self-induced psychosis and mental impairment by taking drugs," Mr Grimley said. "It's not fair to our emergency services that this 'special reason' has been used as a way to avoid a jail-term."
"Unfortunately the mandatory 6-month sentence was not upheld in the Haberfield appeal despite this being the exact intention of this legislation, Mr Grimley said "This needs to happen urgently and a clear message needs to be sent that if you assault an emergency service worker, you will go to jail. "
"Rather than hoping for the DPP to appeal a sentence for a better outcome, the public expect politicians to design the law around their expectations. And the Government has failed to do that in this case."
Australian Associated Press