Carer who attacked PC spared jail

May 7 2008 by Hilary Clixby, The Journal

A CARER drunkenly attacked a policeman trying to arrest a troublemaker during a late night disturbance on a housing estate.

Wayne Allan grabbed PC Alan Dormand and put him in a stranglehold while other people repeatedly kicked him, Newcastle Crown Court was told.

Allan, who also threatened to “bite PC Dormand’s face off”, was finally overpowered with the aid of CS gas.

The 25-year-old, of Castle Close, Morpeth, Northumberland, admitted assaulting a police officer, occasioning him actual bodily harm.

He was sentenced to six months jail, suspended for 12 months, with 12 months supervision, 200 hours unpaid work and ordered to pay PC Dormand £500 compensation.

Judge John Evans said only the fact that magistrates had given two other men involved community sentences had saved Allan from immediate imprisonment – but warned him that if he breached any part of the order he would go to jail.

He said the magistrates’ decision to impose community orders was “remarkable”.

He told Allan: “You could not complain at all if today you went to custody because, ordinarily, that is the appropriate sentence for an offence of this kind.

“However, I have to bear in mind others have been dealt with by way of community orders and I have to say that is the only matter that saves you from custody today.”

The attack happened after police were called to the Newbiggin Hall Estate in Newcastle early on January 20 this year.

PC Dormand was arresting one troublemaker when Allan grabbed him round the neck, his arm across his windpipe, to force him to release the man he was trying to arrest.

As the officer struggled for breath, the others attacked him.

He suffered multiple bruising and swelling to his head and body and needed oxygen treatment because of the CS gas used on Allan.

Carl Gumsley, defending, said Allan, a permanent carer to a disabled man, had acted on the spur of the moment in drink and could recollect little about the incident.

“The problem is he drinks too much, but it is notable that with the exception of this offence, when he gets drunk he has not actually meted out any violence to anyone,” he said.