Macklan Joseph Collins appeals conviction over resisting and assaulting police after Sirens scuffle
A man convicted over kicking two police officers – one in the ribs and one in the groin – after a scuffle outside Sirens nightclub in Terrigal has lodged an appeal.
Central Coast
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A Terrigal man sentenced over assaulting police after a scuffle outside Sirens nightclub in Terrigal has appealed his conviction.
Macklan Joseph Collins was convicted and fined in July after a five day hearing into the incident in Terrigal on December 14 2019.
The 23-year-old was found guilty of charges including resist officer in execution of duty, two counts of assault officer in execution of duty and possess prohibited drug being 0.5g of cocaine.
Mr Collins was excused from attending court on Thursday where his solicitor Marc Riviere said a barrister had been briefed to run the conviction appeal.
Mr Riviere said the case had run across six days in the Local Court and the appeal was expected to take about one day.
However Judge Tanya Bright said two hours “should be ample time” if both the defence and the Crown filed their written submissions prior to the hearing.
During his sentence, the court heard “undisputed facts” that on the night of December 14 2019 Collins was refused entry into Sirens nightclub.
There was a scuffle involving security officers which resulted in police being called.
Police officers gave evidence during his hearing that he was yelling and screaming with clenched fists, while Collins said after he was grabbed from behind, sprayed “point blank” with OC spray, and had five people on his back, he was scared and panicking for his life.
Collins was taken to Gosford Police Station after the incident at Terrigal and when he was being moved out of the van, he kicked a senior constable in the groin before kicking another officer in the ribs.
During his hearing he indicated he was in “horrible pain” due to the tightness of handcuffs, however said he could have taken other actions rather than kicking out at officers.
Collins had charges of affray and common assault dismissed.
The appeal was adjourned to December 2.
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