A Ballarat police officer could not breathe when a man he attempted to arrest strangled him while lying on his back.
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The officer was monitored at hospital for eight hours and had to take three days off work after Connor Keating, 23, squeezed his throat, punched his head and bit his hand.
The officer said he was sore for a number of days and was stressed waiting for results from testing for blood born diseases.
A second police officer who used a taser twice on Keating feared for his colleague's life when he heard him making gurgling noises under the offender's grip.
The officers had been called to a Ballarat house after reported family violence offending, which Keating was also sentenced for.
Keating sprinted towards officers when they arrived, asked them to turn off their high beam lights and was compliant with them until one officer attempted to arrest him.
An officer sprayed Keating with capsicum spray when he did not comply with directions to lie on his back.
Keating said 'I love being sprayed, it does nothing to me', ran at the officer and threw punches to his head.
You punched him in the head four times and made him fear for his life.
- Judge Douglas Trapnell
The second police member attempted to restrain Keating and they wrestled on the ground.
Keating placed his arm around the officer's throat while lying on his back and squeezed.
"You punched him in the head four times and made him fear for his life," Judge Douglas Trapnell said.
It took two shots of a taser for Keating to release his grip on the officer's neck.
A hospital report revealed the strangulation went on for 10 seconds.
The strangled police officer was distressed, his face and eyes were red and he had marks around his neck.
He was treated at hospital for bruising to his throat, a lump on his head, cuts to his throat and a bite wound on his hand.
Keating said 'I didn't mean to strangle him, I know you guys are doing your job, I just get angry'.
Cannabis was later found in Keating's backpack.
Keating has been in custody since he was arrested in September 2020.
He faced the County Court of Victoria on Thursday for sentencing.
Keating's defence counsel said police escalated the situation rapidly by using capsicum spray and this could have been avoided.
Judge Trapnell said he considered it a serious example of offending.
But he said he accepted the attack was unplanned and 'wholly unsophisticated'.
The court heard a significant sentencing consideration was Keating's intellectual disability, mental health issues and disadvantaged childhood.
Drug use, neglect, abuse and family violence plagued his childhood, leading to difficult regulating his emotions and behaviour.
Judge Trapnell said this meant it was inappropriate to use Keating's sentencing as a means to set an example to others.
"I accept you are not a lost cause and should be given an opportunity to rehabilitate," he said.
"Your mental disorder means you are not an appropriate vehicle for sending a message to others.
"Your deprived upbringing and high level of social disadvantage calls for some moderation of sentence."
The court heard Keating had 35 prior criminal convictions for violence, including against police officers.
Keating will be released from custody, having already served his total effective sentence of one year, four months and 22 days' imprisonment.
He will be required to complete a three-year community corrections order upon his release, with 400 hours of unpaid community work, anger management programs and treatment for drug abuse.
Keating will return to court in may before Judge Trapnell for judicial monitoring and must also engage with services outlined in a justice plan.
Judge Trapnell said this was a new chance for Keating to remain off drugs, after using since a young child, given he had been clean in custody.
"I am giving you an opportunity to set your life back on track. It is the last opportunity you are going to get," he said.
"There are a lot of people who are going to be out there to help you, but ultimately it is going to come down to you.
"If you don't take (this chance) you will be going in and out of jail for the rest of your life."
If Keating did not plead guilty, Judge Trapnell said he would have imposed a four year prison term, with a two year non-parole period.
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