A man punched a police officer who tried to stop him entering a cordoned off crime scene area where an offender had a gun in a hostage situation, a court has heard.
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Anthony Jose said he was drunk when he threw the punch to the officer's face and did not know the men who grabbed him were police at the time.
The 29-year-old pleaded guilty to assault and resisting arrest at the Ballarat Magistrates' Court on Wednesday where he was convicted and fined.
Police prosecutor Senior Constable Steve Repac said police had cordoned off an area and were conducting crime scene duties at a Wendouree roadblock about 6.30am on December 28, 2019.
Police tried to grab Jose when he tried to enter the area and that is when he threw the punch.
There is a reason those cordons are in place and police were dealing with a far more serious situation.
- Police prosecutor Senior Constable Steve Repac
Defence lawyer Andrew Madden said Jose was trying to get through the cordon because the alleged offender with a gun was a family member's partner and was at his father's house.
"He received a phone call, he probably had his tyres pumped, he was intoxicated... he obviously didn't have that much of a plan," he said.
The court heard Jose had drunk a bottle of vodka and other spirits.
Mr Madden said the offending was 20 months ago and it was unusual circumstances.
Senior Constable Repac said Jose had been given a lot of chances on community corrections orders for offending in the past.
"He has had more lives than a cat," he said.
"There is a reason those cordons are in place and police were dealing with a far more serious situation.
"They were simply there to do their job. Because he had too much to drink is not a reason to behave the way he did."
Magistrate Letizia Torres said Jose went into a dangerous area while police were busy trying to keep people safe.
"You wandered in drunk and emotional and you have harmed a police officer and interrupted the work they were doing," she said.
Jose was convicted and fined $1000.
"I know you have got limited income," Ms Torres said.
"I hope this is a significant punishment to you because you will have to work out a way to pay it off."
Jose also breached a community corrections order by not completing unpaid community work hours, but he did complete programs to help prevent re-offending.
Ms Torres said she took into account the offending was dated when deciding on a sentence.
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