A Nowra man fined $5000 and placed on a 20-month intensive corrections order for spitting in a police officer's face and resisting arrest has appealed the severity of his sentence.
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Chase Rouse, 24, pleaded guilty in Nowra Local Court on Monday, September 7 to seven charges, including assaulting police, two counts of resisting arrest, not complying with a COVID-19 direction about spitting and coughing, intimidating police, using offensive language, entering a vehicle without consent and driving with an illegal drug in his system.
Magistrate Gabriel Fleming described his actions on Saturday, April 18, which included spitting at a male senior constable twice, as "disgusting".
Court papers said officers from South Coast Highway Patrol noticed a Nissan Patrol with modifications travelling on the Princes Highway around 3pm.
The vehicle turned into McKay Street, with officers finding the vehicle at a home in Gunbar Way, Nowra, a short time later.
The court heard Rouse answered the door and became aggressive towards the officer who wanted to speak to him about the "suspension and ride height" of the vehicle which had been "heavily modified".
The court was told Rouse spat directly at the officer, the spittle hitting him in the face.
Despite being told numerous times to keep his distance due to COVID-19 regulations, Rouse continually approached the officer, at one stage swinging his arm at him and knocking a defect book out of his hand.
The court heard he spat at the officer a second time.
Rouse continued to swear at the officer, thumped the side of the police vehicle, saying "wait until I see you around".
The court was told he then went to the passenger's side of the Highway Patrol vehicle, reached inside and threw items that were in the passenger's seat.
The court also heard he swung an arm at the senior constable again, knocking keys from his hand, causing it to bleed.
Police back-up was called and Rouse again resisted arrest, this time swinging an arm at a male sergeant to avoid being grabbed, before eventually being arrested and taken to Nowra Police Station.
"These are serious matters, especially in this time of COVID - it could easily result in death," Magistrate Fleming said.
"There is no excuse for what you did, spitting in anyone's face, let alone a police officer who is just doing their job.
There is no excuse for what you did, spitting in anyone's face, let alone a police officer who is just doing their job.
- Magistrate Gabriel Fleming
"It's just disgusting.
"But you have taken the first step towards being accountable - you have pled guilty."
At times Rouse sat before the court with his hand bowed or face buried in his hands.
Rouse said he "completely agreed" with the magistrate's comments.
The court heard he had been dependent on cannabis since the age of 14 and could consume up to "25-30 cones a day" and had "consumed both alcohol and cannabis" on the day of the incident.
In a letter to the court Rouse said his actions were "ridiculous, disgusting and shameful".
He has since stopped using cannabis and had been "cannabis free" for three to four weeks and already started to "regain his mental health", was "changing his behaviour" and had also secured a job.
Five days after the event Rouse was stopped by police just after 6pm on April 23 on Quinns Lane, South Nowra while driving the Nissan Patrol, where a roadside drug test produced a positive result for cannabis.
He was charged with driving with an illicit substance in his system.
The court heard the officer who arrested Rouse on this occasion had also been at the house for his previous arrest and Rouse had "apologised for his actions".
He said he wished to write to the officer he spat at and "apologise for his actions".
Magistrate Fleming said assaulting police carries a maximum jail term of up to five years, while resisting arrest was a 12-month term.
She said the COVID charge carries a maximum fine of $11,000 and six months' jail.
Magistrate Fleming sentenced Rouse to an aggregate term of 20 months to be served as an intensive corrections order, meaning he can serve the sentence in the community, rather than in jail.
She fined him $5000 for not complying with the COVID-19 direction to stop spitting and coughing.
She also fined him $250 for entering a vehicle, $500 for offensive language, $600 for driving with an illicit substance in his system and disqualified him from driving for eight months.
He also has to perform 150 hours community service and continue with his counselling and treatment for cannabis and alcohol issues.
Rouse has appealed the severity of the sentence with the matter to be heard in Nowra District Court on October 12.
Read more: Crime/Court