Daniel Peter Schenk jailed for assaulting Mount Gambier Hospital emergency department nurses

A repeat offender feared by hospital staff could be released into the community as soon as next month after he assaulted two emergency department nurses.

A repeat offender has been jailed for assaulting two Mount Gambier Hospital nurses but he could be released in as little as a month.

Daniel Peter Schenk was convicted of two counts of assault hospital worker, two counts of theft, breach of bail and incident behaviour in the Mount Gambier Magistrates Court on Tuesday.

The 52-year-old told the court “I didn’t really hurt anybody”, as he pleaded guilty to assaulting the emergency department nurses on October 11.

After being asked to leave the hospital, the police prosecutor said Schenk grabbed a female nurse by the wrists, squeezed them tightly and pushed her and then ran into a male nurse and put him in a headlock resulting in a wrestle.

The Mount Gambier Hospital emergency department. Picture: Jessica Ball

He was granted bail in court the following day before being arrested sleeping near a government building on October 19 after stealing a $3 energy drink from Coles and a $6 canned alcoholic beverage from BWS and was again bailed on the condition he remained away from the Mount Gambier CBD.

The next day Schenk was found wearing nothing but shoes near Coles after hearing voices telling him to take his clothes off so people could not see him.

He was arrested and has been in custody ever since.

Given his criminal record, including two assaults on Mount Gambier Hospital workers and punching a mental health worker, the prosecutor argued for imprisonment.

“The hospital staff are fearful of him and providing services to him each time he’s attending,” he said.

“He’s continuing to commit assault against the very people who are trying to help him.

“He really needs to understand this type of behaviour can’t continue and a significant period of imprisonment should be handed down.”

Schenk’s defence lawyer Dylan Walsh said the assaults were at the “lower end” and a witness had described the second incident as “more of a tussle than an assault”.

Detailing a traumatic, violent childhood leading to schizophrenia diagnosis at 19, Mr Walsh said he was an “easy target” of three assaults at Yatala Labour Prison and had multiple court matters discharged due to his mental illness.

“This is a nine day series of event that started with him presenting at a hospital via ambulance,” Mr Walsh said.

“He’s been taken there for a reason, he’s been told to leave, he’s a man seeking assistance in a crisis and reacted poorly.”

Mr Walsh understood the six months he had spent in custody was not enough but asked for any further sentence to be suspended so he could benefit from the structure of supervision.

Magistrate Maria Panagiotidis said there was little evidence to support Mr Walsh’s position.

“It’s a nine day window because he’s been in custody since the 10th day, if hadn’t been refused bail and left in the community that nine day window could have very easily have expanded out,” Magistrate Panagiotidis said.

Supplied Editorial Photo request

“He’s had opportunities before where he could benefit from a structured environment and he has absolutely no regard for any of that and gone off the rails.”

Magistrate Panagiotidis accepted his mental illness was partially responsible for the offending but she was concerned for the community’s safety.

“You have a history of taking no responsibility for your actions,” she said.

“The medical community is frightened because you have such threatening behaviours.

“You are barred from most of the GP clinics in Mount Gambier and barred from a number of banks, shopping centres and other health facilities.”

Schenk received a head sentence of two years, discounted to 1 year, 17 days for his plea and time served with a non parole-period of one month.

Magistrate Panagiotidis the short non-parole period would allow the board to monitor his medical condition, anti-social traits and assist in rehabilitation.

No further penalties were recorded for the breached bail, incident behaviour or thefts with compensation declined.