Dylan James Harmey sentenced in Tamworth court for assaulting police officer after Australia Day party

Dylan James Harmey, 22, fronted sentencing in Tamworth Local Court earlier this week after pleading guilty to charges of assaulting and resisting a police officer.

He was slapped with a 12-month good behaviour order which included a condition that he must not drink alcohol or take illicit drugs, and was fined $500.

Legal Aid defence solicitor Scott Affleck submitted to the court Harmey was a young man who was "struggling in the face of COVID and the way it has redesigned his life".

Magistrate Kirralee Perry said that was an argument anyone could make in the current climate and the stress of the pandemic did not give Harmey the right to "go out, get drunk and assault police".

"You cannot show that level of disrespect to officers of the law," she said.

Ms Perry accepted that the pandemic pressures affected everyone in different ways and that this was a release of sorts for Harmey, but said it was unacceptable to behave that way towards someone simply doing their job.

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Mr Affleck told the court the attack fell below the mid-range of objective seriousness because of the short duration and the limited violence used.

Police facts show Harmey was spotted by officers "staggering" along the Oxley Highway towards Gunnedah Road just before 11:30pm on January 26, after he had been at an Australia Day party.

Police turned on their warning lights and at this point Harmey sped up and walked to the passenger side of the car before trying to gain entry to the vehicle.

Police got out and said they saw Harmey holding a beer bottle and walking on the road between the two lanes before directing him to move off to the edge.

Harmey replied, "f*** off ... I'll walk wherever I like".

The officers continued to ask Harmey to move off the road and said he was obviously "well affected by intoxicating liquor".

While he was still standing on the road, Harmey lashed out at a male officer and struck him in the abdomen while calling him slurs.

Harmey was arrested and struggled with police in an attempt to break free before he started sobbing and apologising.

Police said he continued to be abusive after he was taken to Tamworth Police Station.

Harmey was fined a further $500 during his sentencing in court for an unrelated charge of destroying and damaging property.

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