Buff Point: William Peter Kershaw allegedly choked female cop during arrest, court told

A man charged with resisting two officers in the execution of their duty, injuring them both, has been found not guilty because they never told him why he was under arrest, a court has heard.

William Peter Kershaw deserved to be arrested when he was approached by two police officers responding to a domestic dispute at Buff Point.

The 36-year-old also pleaded guilty to assaulting the officers who he violently lashed out against, choking a female officer in a headlock before punching her repeatedly in the head and striking out at a male officer’s genitalia.

However Kershaw, who had drunk two bottles of port and one bottle of wine earlier in the evening, was found not guilty of resisting police because they never told him why he was under arrest, a court has heard.

Kershaw faced Downing Centre District Court on Tuesday where Judge David Wilson found him not guilty to two counts of resisting an officer in the execution of their duty and causing them actual bodily harm.

The court heard two Senior Constables, a male and female, were called to an address at Buff Point Ave, Buff Point, about 10.25pm on June 16, 2020.

The court heard Kershaw had assaulted and intimidated the occupant of the house before officers had arrived and was heavily intoxicated.

When the officers arrived they found Kershaw kneeling in the front yard with his mother standing over him and she told them he needed to be handcuffed.

The court heard the male officer put his hand on Kershaw’s shoulder and went to grab his other arm when Kershaw flew into a violent range, assaulting the officer and the female officer who came to his assistance.

Kershaw being led into custody after assaulting police. However he did not resist them. Credit: NSW Police

Judge David Wilson said the officers were obliged to arrest Kershaw but under their powers had to inform him, as soon as it was reasonably practical, why he was being detained.

“I find beyond reasonable doubt the arrest of the accused was reasonably necessary to protect the safety or welfare of any person because of the nature and seriousness of the offence and to stop the accused from committing or repeating the offence or committing another offence,” Judge Wilson said.

“The sole question for the tribunal of fact is whether the Crown has made out beyond reasonable doubt that it was not reasonably practicable for [the male] Sen Con to provide the accused with the reason for the exercise of the power of arrest.”

Judge Wilson said the Crown submitted Kershaw should have known why he was under arrest because of the way he carried on earlier and that police had been called, given they arrived in a marked car with flashing lights and sirens.

Judge Wilson said the Crown further stated Kershaw was too intoxicated to understand, even if he was told, and that it wasn’t reasonable given the level of violence he displayed when the officers went to arrest him.

However Judge Wilson said despite the attack the first officer had an opportunity to inform Kershaw why he was being arrested.

“I find that it was reasonably practicable for [the] Sen Con to provide a reason for the arrest before commencing the act of arrest, this renders the arrest unlawful,” Judge Wilson said.

“It follows the police officers were not acting in the execution of their duties when they were violently assaulted by the accused, accordingly the verdicts in count three and five of the indictment are not guilty.”

Kershaw had previously pleaded guilty to assaulting and intimidating the occupant of the house and assaulting both officers.

He will be sentenced on June 10.

PREVIOUSLY ON WEDNESDAY, MARCH 23

A drunk who punched a female police officer in the head several times after choking her in a headlock and ripping out a clump of her hair maintains his arrest was “unlawful”, a court has heard.

William Peter Kershaw, 36, faced an application by the Crown to revoke his bail at the end of a three-day trail before Judge David Wilson at Gosford District Court on Wednesday

It came after the Crown prosecutor applied to the presiding Judge to convict Kershaw of the four offences he pleaded guilty to at the onset of his trial before the Judge delivers his judgment in respect to two further offences.

Kershaw pleaded guilty to intimidating and common assault against Glen Jerome, who he visited on June 16, 2020, while drunk and looking for relationship advice.

Kershaw also pleaded guilty to two counts of assault occasioning actual bodily harm against two Senior Constables who tried to arrest him after they were called to Mr Jerome’s Buff Point address.

However Kershaw pleaded not guilty to two counts of resisting a police officer in the execution of their duty causing them actual bodily harm.

Kershaw faced a trial in Gosford District Court. Picture: NCA NewsWire / David Swift

Kershaw’s barrister Jack Tyler-Stott submitted the two officers never informed his client of their intention or reason to arrest him before placing their hands on his shoulder and arm.

He said this constituted a “wrongful arrest” and if officers were conducting an unlawful arrest “they cannot be said to be in the execution of their duty”.

The Crown submitted Kershaw was “too intoxicated” to understand and it was not practicable or reasonable to do so given he flew into a violent attack, injuring both officers — assaults which he has pleaded guilty to.

The Crown prosecutor also said Kershaw “ought to have known” why he was being arrested given he also later pleaded guilty to assaulting the occupant of the home and the police turned up at night with their car’s warning lights flashing.

Judge Wilson convicted Kershaw on the four offences he pleaded guilty to but has reserved his judgment on the two resisting police officer charges until next Tuesday.

He dismissed the Crown’s application to revoke bail and continued Kershaw’s conditional liberty given he had been reporting daily to police for 13 months and had turned up at court every day for his trial despite the prospect of a custodial sentence.

“I do not hold any concerns that he will fail to appear in relation to further proceedings in respect to these offences,” Judge Wilson said.

The court heard Kershaw caused soft tissue injuries to both officers during the altercation including ripping out a chunk of the female officer’s hair.

EARLIER FROM MONDAY, MARCH 21

When police were called to a house on Buff Point Ave, Buff Point, following a domestic incident they arrived in uniform with their warning lights flashing and body worn camera’s rolling.

But when they approached 36-year-old William Peter Kershaw from behind, who they had been advised on police radio was heavily intoxicated, and put their hand on his shoulder they did not tell him why he was under arrest, a court has heard.

Mr Kershaw, of Buff Point, is facing a judge-alone trial in Gosford District Court after pleading not guilty to two counts of assaulting a police officer in the execution of their duty causing actual bodily harm.

William Kershaw arriving at Gosford District Court last year for allegedly punching/assaulting police.

The court heard he had previously pleaded guilty to the common assault and intimidation of the occupant of the house, Glen Jerome, who called police when Mr Kershaw turned up at his Buff Point address drunk and looking for relationship advice.

While Mr Kershaw is contesting the charges of assaulting police in the execution of their duty he has pleaded guilty to two back-up offences of assaulting each officer occasioning actual bodily harm.

Giving evidence Mr Jerome told the court Mr Kershaw was seeing his ex-partner and arrived at his house having consumed bottles of port and wine.

Mr Jerome said he advised Mr Kershaw if he was in his position to “run in the other direction” which “set him off”.

Kershaw being led into custody after assaulting police. However he did not resist them. Credit: NSW Police

He said he took Mr Kershaw’s car keys to stop him driving and called his mother to collect him before calling Triple 0 for police after Mr Kershaw became violent.

“He’s taken on my ex, she’s driven him mad,” Mr Jerome is heard telling the Triple 0 operator.

“His mother has turned up, he’s gone off his nut because I had the audacity to call his mum.”

When police arrived about 10.15pm on June 16, 2020, they found Mr Kershaw sitting or kneeling in the front yard with his back to them and his mum close by.

The court heard a male Senior Constable placed his hand on Mr Kershaw’s shoulder and tried to place his arm behind his back before a violent altercation allegedly ensued.

William Kershaw arriving at Gosford District Court for allegedly punching/assaulting police.

During the altercation Mr Kershaw allegedly grabbed a female officer in a headlock yelling “deal with it” before punching her repeatedly in the head and pulling her hair.

He also allegedly lashed out at the genitalia of the male officer before Mr Kershaw was eventually handcuffed with the assistance of two more police.

The Crown told the court Mr Kershaw knew he was being arrested by police and it was “unreasonable” for them to inform him why before he started attacking them.

However the court heard neither officer told Mr Kershaw why they were arresting him and that everything thereafter could be considered a “wrongful arrest”.

The trial continues.