Steven Cleary, 50, was sentenced to three years and two months’ jail on Friday for the horrifying assault in Victoria’s south-west, which was captured on police body-cameras.
However, Victoria Police’s Chief Commissioner Shane Patton is calling for a formal review of the sentence, deeming it “inadequate”.
Since the sentence was delivered, he has issued a statement, saying: “I am disappointed with this outcome and have asked for a submission to be prepared for the Director of Public Prosecutions requesting an appeal based on an inadequate sentence.”
Police Association Secretary Wayne Gatt has also called the sentence “disappointing”.
“These officers were potentially moments away from the death,” he said.
“I worry about what prospective police officers think when they see results like this.”
Officer traumatised after beaten over head with metal bat
Senior Constable Rowan Baldman and Constable William Ringin were speaking to members of the public about wearing masks in Warrnambool last October during a strict COVID-19 lockdown when the attack took place.
The court heard Cleary was alerted to their interactions via walkie talkie and arrived to find the officers speaking to someone.
Cleary got out of his car, took a metal baseball bat from the backseat and made his way toward the officers, who were trying to identify a person not wearing a mask.
The officers drew their tasers and asked Cleary to back off multiple times or risk being tased.
He was asked again to back up when he rushed forward.
At this point, the person police were speaking to about not wearing a mask grabbed Ringin’s gun with both hands, the court heard.
Baldman was in a tussle with the member of the public when Cleary swung the baseball bat into his head, causing him to fall.
Baldman was repeatedly hit on the ground and told the court he feared he was going to die.
Cleary picked up a taser and shot Ringin with one prong. The young officer hit him with the bat at the same time.
Cleary tried to use the taser again before he was capsicum sprayed multiple times.
When he was detained, he continued to resist the officers, refusing to put his hands behind his back.
“I am the king…you are dogs…this is an act of war,” Cleary said.
Baldman was bleeding heavily from the head and his thumb was broken, which required specialist surgery.
Both officers told the court how the attack had changed their lives and revealed their fears that Baldman could have died on the pavement that day.
They fought through tears to share their victim impact statements, speaking of the ongoing trauma and how they and their loved ones fear for their safety at work.
While they have returned to the frontline, both are unsure they can remain in the career they once loved.
Cleary, who the court heard suffers from a delusional mental condition, followed conspiracy theories and believed COVID-19 was not real.
The disability support pensioner had suffered a traumatic childhood, had no social connections and usually stayed at home.
He pleaded guilty to all three charges including internationally causing injury and assaulting an emergency worker on Wednesday.
Judge Anne Hassan noted Cleary’s severe mental illness, but refused his request for a community corrections order.
He was given credit for having no prior criminal history.
Cleary has been handed a non-parole period of one year and 10 months’ jail.
Having already served nine months behind bars before being sentenced, he could be released from prison in 13 months’ time.
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