NSW District Court Judge Robyn Tupman earlier this month upheld Nigel Alfred Davey's appeal against the charges and overturned his conviction and sentence.

The decision ends a horror run for Mr Davey, who in December last year was found guilty and then jailed by the Queanbeyan Local Court over a June 2013 incident.

Magistrate Michael Antrum had found the former police officer had lied to a Nowra court when he claimed a man had been armed with a knife and tried to attack him before Mr Davey tasered him on June 14, 2013.

It was found the man had said "f--- you" to Mr Davey before the then-police sergeant, still seated in his squad car, tasered him from five metres away.

Court documents said Mr Davey had discharged the stun gun three times.

Police body-cam footage of the incident, tendered in court, which records automatically once a Taser is drawn, showed Mr Sutton incapacitated on the ground and screaming.

Mr Davey - who had since left the police force - had criminal charges of common assault and perjury brought against him in 2016.

He was then found guilty in December last year.

In announcing the guilty verdict, Mr Antrum said it was important Tasers weren't used to "terrorise merely unhelpful members of the community".

Even if Mr Sutton had been armed, Mr Antrum said reasonable alternatives, such as driving off, were available to Mr Davey.

In April, the magistrate sentenced Mr Davey to a one year prison sentence, with a non-parole period of seven months, for making a false statement in relation to the arrest.

Mr Davey was also sentenced to a 14 month good behaviour bond for the assault charge.

Mr Davey, however, appealed the conviction and sentence to the District Court.

Judge Tupman upheld the appeal and quashed the convictions and sentences earlier this month.