Mingara: Prison guard Adam Mark Pinchbeck’s charges of assaulting cop withdrawn on mental health grounds

A prison guard, turfed out of a club for being drunk and on Stilnox before allegedly punching a police officer in the head, has had his charges dismissed on mental health grounds.

Prison screw Adam Pinchbeck had the charges dismissed on mental health grounds. (File picture: Tim Hunter.)

A prison guard, who was “heavily intoxicated” on a cocktail of alcohol and Stilnox when he allegedly punched a police officer in the head, has had his charges dismissed because he was too mentally ill at the time, a court has heard.

Adam Mark Pinchbeck, of Hamlyn Terrace, faced Wyong Local Court on Wednesday where his solicitor applied to have five charges dealt with under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

The court heard the 35-year-old was listed to face a hearing next year after pleading not guilty to the five charges, including assaulting and resisting a police officer, failing to leave a licensed venue, destroying property and using offensive language in public.

Charge sheets allege Pinchbeck was kicked out of Mingara Recreation Club about 11pm on March 13, after allegedly intentionally smashing glassware and using offensive language.

The court heard Pinchbeck was “heavily intoxicated” having drunk lots of alcohol while on “new medication” being the sleeping pills commonly known as “Stilnox”.

Adam Mark Pinchbeck was asked to leave Mingara Recreation Club. Picture: Supplied

The court heard Pinchbeck was in his car when police arrived and he yelled at them words to the effect “if you come in here I will punch you in the head”.

Pinchbeck’s solicitor said his client was a prison guard who was suspended with pay while Corrective Services was awaiting the finalisation of his proceedings.

He tendered a psychological report which he told the court showed Pinchbeck was diagnosed with post traumatic stress disorder (PTSD) and attention deficit disorder (ADD).

He said Pinchbeck was suffering from the “accumulated effects” of his work as a prison guard as well as “a lot going on” in his personal life including his recent marriage and the suicide of his brother-in-law.

The police prosecutor said while the Crown conceded Pinchbeck had been diagnosed with PTSD and ADD, the real nexus of his offending was his use of alcohol and Stilnox.

She said it was not clear from the psychological report whether his mental health had anything to do with the “disassociated state” he was reportedly in when he lashed out and violently punched the police officer.

Pinchbeck was suspended with pay from Corrective Services after the incident. (File image)

However Pinchbeck’s solicitor said the psychological report found his client may have been drinking as “a symptom” of his underlying mental health conditions.

“It’s a chicken and the egg scenario,” he said.

Magistrate Robert Munro said he was satisfied Pinchbeck was diagnosed with underlying mental health disorders but conceded the psychological report had an each-way bet about the true nexus of his offending.

“These matters are always difficult because it’s ultimately my discretion,” Mr Munro said.

He said Pinchbeck clearly had mental health issues but police were equally entitled to go about their job without being assaulted, which: “I’m sure Mr Pinchbeck can appreciate given his line of work”.

Juggling those competing interests, Mr Munro found it was “more appropriate” for community safety to deal with the matters under mental health provisions.

The magistrate withdrew and dismissed the charges and ordered Mr Pinchbeck to continue his mental health treatment plan under the supervision of his doctors for 12 months.