Isabel Joan Patsy Waters, pictured with her partner Matthew Consoli, has been convicted of serious assault of a police officer, with an aggravating circumstance of biting.
Isabel Joan Patsy Waters, pictured with her partner Matthew Consoli, has been convicted of serious assault of a police officer, with an aggravating circumstance of biting.

She punched and bit a cop, but she isn't going to prison

A WOMAN found guilty of punching and biting a police officer in her Mundingburra home has been spared jail.

Isabel Patsy Joan Waters, 21, pleaded not guilty to the serious assault of Acting Sergeant Aaron Goldburg, then a constable, on March 20, 2016.

Waters' bite was caught on a body-worn camera, but during the trial defence barrister Harvey Walters argued Acting Sgt Goldburg used excessive force and her attack was lawful.

A jury found Waters guilty yesterday after a three-day trial.

Judge Anthony Rafter said a man made a domestic violence complaint against his partner, Waters' friend. They had been staying with Waters and partner Matthew Consoli.

During the trial, Crown prosecutor Jodie Crane said Mr Consoli answered the door, then shut it "in their face". Officers pushed into the house.

"The first thing that Mr Consoli says when they step into the house is 'Nah, get out of my house'," she said.

He "continued to argue with police" and told them to "get the f---- out" before Waters joined in.

Ms Crane said she told police to "get the f--- out" and punched Acting Sgt Goldburg.

She said the officer told her to sit down three times. He tried to handcuff her but she bit him on the right hand.

Mr Walters said Waters had serious disabilities from a car crash in 2014. She had some brain damage, lost 90 per cent hearing in an ear, lost all sense of smell and was left with "effectively" one good arm.

Mr Walters told the jury Acting Sgt Goldburg had been "rude, arrogant, inappropriate and bullying" towards Waters.

In sentencing, Judge Rafter said police acted appropriately.

"(He) was subjected to much criticism … throughout the trial ... It was (Waters') behaviour that led to him having to use that force," he said.

Waters was sentenced to six months jail, wholly suspended for an operational period of 12 months. A conviction was recorded.

News Corp Australia

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