Warning: Distressing details <\/p>\n
Two former police officers who bashed and pepper sprayed a naked, mentally ill woman are appealing their jail sentences, arguing they only used the spray to gain the \u201cupper hand\u201d during the woman\u2019s psychotic episode. <\/p>\n
Former senior constables Timothy Trautsch, 30, and Nathan Black, 28, were jailed last year over their treatment of the woman who was experiencing a psychotic episode in Emu Plains on January 22, 2023.<\/p>\n
The pair were found to have kicked and stomped on the 48-year-old woman as she lay on the ground. <\/p>\n
The two men also used pepper spray on her genitalia.<\/p>\n
Black pleaded guilty to possessing or using a prohibited weapon without a permit, common assault and two counts of intentionally publishing protected information.<\/p>\n
He was sentenced to five years and nine months in prison, with a non parole period of three years and three months. <\/p>\n
Trautsch pleaded guilty to possessing or using a prohibited weapon without a permit and common assault. <\/p>\n
He was sentenced last August to five years and six months in prison, with a non parole period of three years.<\/p>\n
Now, a year later, in the NSW Supreme Court on Wednesday, the pair appeared on screen from custody for joint appeals over their sentences. <\/p>\n
Barrister Simon Buchen SC told the court while they acknowledged the episode was \u201chard to watch\u201d in CCTV footage from the incident, they submitted there was an underlying reason for the officers to use the OC spray.<\/p>\n
\u201cWhat could OC spray achieve in that context \u2026 the inference is available that it would place the victim in sufficient discomfort so that they were able to get the upper hand and place the handcuffs on her,\u201d Mr Buchen said.<\/p>\n
Mr Buchen argued the two constables were struggling to reach the woman\u2019s hands as she sat in the gutter in order to place the handcuffs on her.<\/p>\n
\u201cTo use the OC spray \u2026 was to place the victim in a temporary state of discomfort \u2026 is the objective of that type of policing instrument so that these police officers could get the upper hand and bring her under physical control,\u201d he said. <\/p>\n
Mr Buchen also said NSW District Court judge Graham Turnbull \u201cbelieved erroneously\u201d that a forensic psychiatrist expressed scepticism about Black\u2019s PTSD diagnosis. <\/p>\n
However, Mr Buchen said the doctor agreed with the consensus that he had PTSD from experiences that he faced as a young police officer.<\/p>\n
\u201cIt was never in doubt that he did experience horrific things as a young police officer,\u201d he said. <\/p>\n
\u201cHe was 26 years old at the time of this offence and he became a cop at 19. He was suspended form duty immediately after these offences. <\/p>\n
\u201cThat was effectively the end of his career. There\u2019s no suggestion the PTSD was from anything outside his cop career.\u201d <\/p>\n
This finding could have realistically effected the reasoning of the judge of the sentence that was imposed, the court was told. <\/p>\n
The two men both submit in the grounds of appeal, their aggregate sentences were \u201cmanifestly excessive\u201d. <\/p>\n
They also allege Judge Turnbull judge erred in finding that two of the counts were aggravated by \u201cgratuitous cruelty\u201d. <\/p>\n
In Black\u2019s appeal, his lawyers submit he failed to make a finding of remorse.<\/p>\n
In Trautsch\u2019s appeal, they said Judge Turnbull erred in finding that both counts were aggravated by an abuse of authority and abuse of trust. <\/p>\n
They also suggest Judge Turnbull erred in the application of the sentencing principles concerning mental health.<\/p>\n
The appeal hearing continues. <\/p>\n","protected":false},"excerpt":{"rendered":"Warning: Distressing details Two former police officers who bashed and pepper sprayed a naked, mentally ill woman 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