A martial artist with a violent history has been spared full-time jail for drunkenly kicking two police officers, including one in the face, which his lawyer described as "absolutely reckless" and "appalling".
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Joshua Finney, 29, fronted the ACT Magistrates Court on Friday for sentencing after pleading guilty to two counts of assaulting a frontline community service provider and one of knowingly resisting a territory public official.
Facts tendered to the court state that, in February, CCTV captured the offender and another man acting disorderly at the intersection of Bunda and Genge streets.
When police came to talk to them, Finney said he had been grappling with his friend because they both train together at a local martial arts gym.
His friend then convinced him to leave in a nearby taxi. However, as he walked to the vehicle, he interacted with others outside a nightclub and tried to evade approaching police officers.
Police told Finney he was drunk in a public place and was placed in protective custody.
"The defendant immediately became combative with police who made attempts to escort him to the police car," the facts state.
"He kicked and screamed as police struggled to get him into the caged vehicle."
In his violent outburst, he kicked an officer across her face and another on her left wrist.
Police had to use capsicum spray to subdue Finney before taking him to the ACT Watch House.
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During sentencing, defence lawyer Cara Maynard said it was conceded Finney's "conduct was appalling".
Ms Maynard said it could be argued that her client did not intend to assault, but his conduct "was absolutely reckless as a bare minimum given that he was thrashing his legs out".
She said, however, Finney's resistance was passive and argued for leniency based on his upbringing, including that his parents subjected him to physical and emotional abuse.
He was kicked out of home at 15 years old and experienced homelessness marked by alcohol and drug abuse, the court heard.
Ms Maynard said the positive reference letters showed he was a "person capable of good things", but he needed to make internal changes rather than external ones, such as moving from Sydney to Canberra.
Prosecutor Corey O'Connor disagreed with the description "passive resistance", saying "this is a violent offence that demonstrates disregard for the safety of the police officers".
He described Finney's criminal history as showing "an ongoing problem with violence" and said jail was the only appropriate outcome when considering that history.
Magistrate Robert Cook said the offending was impulsive and had the presence of alcohol, but the latter was not a mitigating factor in sentencing.
Mr Cook took into account Finney's upbringing and personal background and urged the offender "to get something done" in relation to not using alcohol as a way of release from the mental health impact of his past.
"One is don't go out in public places and get drunk," he said.
Mr Cook said Finney carried the burden of the violence subjected on him because "the person who perpetrated it is no longer before you and you can't go and blame them".
"The very thing that you hate, the very thing that you're opposed to ... you then engage in.
"That is the saddest thing and tragedy of the story."
However, Mr Cook said the offending against officers performing their duties was also significant.
Finney, who wiped away tears during parts of the court session, breached bail twice following the offending.
For the assault on the officer's face, he was sentenced to a fully suspended two-month jail term upon him entering a 12-month good behaviour order.
He was fined $1750 for the other two offences. He was seen smiling as he exited court, flanked by a friend.
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