Owen Roy Baker: Warwick man avoids jail after choking cop in chokehold attack

A man with a ‘concerning’ history of violence against police has avoided jail after yet another attack on an officer, this time punching and then choking a policeman until ‘his eyes rolled back into his head’.

A man with a history of attacks on police has avoided a stint in jail, despite punching and then choking an officer so severely his “eyes rolled back in their head”.

Owen Roy Baker went to the Warwick police station on August 21 last year, where he soon became “frustrated” and started swearing at police.

Police attempted to arrest Baker, with the Warwick District Court told the 26-year-old resisted before suffering an epileptic seizure.

He was taken to Warwick Hospital for treatment, with his outburst later escalating when police attempted to serve him with paperwork.

Crown prosecutor Alex Vanenn said Baker lashed out by punching the policeman and then putting him in a chokehold, squeezing his neck so severely the officer’s eyes rolled back and he thought he was losing consciousness.

When a second officer tried to free his colleague from the chokehold, Baker attempted to bite that officer.

Mr Vanenn said the Warwick man had been convicted in 2013, 2014 and 2016 for “several assault and obstruct police” offences, including kicking and swearing at police officers, and resisting arrest.

Barrister Frank Martin told the court his client had a cognitive impairment and suffered from mental and physical health issues which required a range of medication that did not mix well.

“On this day he hadn’t taken his mental health medication..and unfortunately if he doesn’t take the medication, he does have anger management problems,” he said.

“It is something in effect he can’t control, it would seem.”

Mr Martin said his client was drinking on that day and later apologised to the officers he attacked.

Judge Dennis Lynch warned Baker that with his “concerning” criminal history, he was facing serious jail time if he didn’t change his attitude toward police.

“Although I have taken account of your epilepsy and the features that I have been referred to in determining the appropriate penalty, that is not going to keep you out of jail forever,” he said.

“In the end it’s up to you to make sure you regulate your behaviour. The sentences are going to get longer, not shorter, if you continue to behave in that way.

“If you treat the police in the way you have in the past, you will go to jail and you will sit there for a long time.”

Judge Lynch said that in determining the appropriate sentence, he noted Baker was likely to find jail more difficult than others due to his increased risk of suicide and self-harm, and his health issues.

Baker pleaded guilty to two counts of serious assault on police. He was sentenced to 15 months’ jail but released on immediate parole.