Man threatens police with axe, spits on paramedic in belligerent attack

Andrew Wayne D'elton had previous convictions for assaulting and/or resisting police in 1998, 2008 and 2016.

Then on September 7, 2023, he belligerently shouted at police officers who had attended his home, threatened them with an axe, and then spat on a paramedic.

He pleaded guilty in Portland Magistrates Court on April 23, 2024 to assaulting and hindering emergency services and was jailed for one month.

The court heard D'elton was argumentative with police about 11pm, stating if they did not leave he would be charged with assaulting them.

"It's happened before," D'elton told police at the scene.

The man's lawyer told the court his client was heavily intoxicated at the time and had not re-offended since being on bail.

But magistrate Gerard Lethbridge said the fact D'elton was drunk was "neither here nor there".

"You have a long history of assaulting police and hindering police," he said.

"You've now pleaded guilty to assaulting a further three police officers and an ambulance officer.

"Your conduct was serious, despite the fact it did not involve physical violence, it certainly involved a situation that not only put those individuals at risk but put your life at risk."

Mr Lethbridge said emergency workers were entitled to be protected from "dangerous, drunken, abusive individuals".

"In an arrest or high adrenaline situation, to tell police you're going to go and get an axe and return with it, and then you do (that), is highly aggravating," he said.

"Likewise, to spit on an ambulance officer... is seriously aggravating."

The magistrate added that in this day and age spitting on somebody caused a "great deal of distress as to whether they may or may not be affected with some sort of communicable disease".

"It's for those reasons these offences must be met with an immediate term of imprisonment," he said.

But he said the length would be reduced to reflect D'elton's early guilty plea and rehabilitation from alcohol abuse.

Mr Lethbridge said if the man had pleaded not guilty, and was found guilty, he would have been jailed for two months.

D'elton will be placed on a therapeutic community correction order upon his release from custody.

That will expire after 12 months.