Oscar Carroll: Hornsby Heights man sentenced police assault, called officers “c***s” before arrest
Oscar Carroll, 18, of Hornsby Heights was sentenced in court on September 10 after being charged with a shocking police assault while intoxicated. Find out what happened in court here.
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An out of control man who thrashed and kicked police after a night of drinking booze in a park with his mates called the officers “c***s” before he caused a gash to one of their legs.
Oscar Carroll, 18, of Hornsby Heights appeared at Hornsby Local Court on September 9 after pleading guilty to a raft of charges including assault office in execution of duty; resist officer in execution of duty and use offensive language in a public place on June 8.
According to police facts tendered in court, about 10.50pm police were patrolling Water St in Hornsby after receiving complaints from neighbours of “a group of youths yelling and swearing”.Police officers approached the group of five people including Carroll who were sitting on a park bench drinking alcohol and causing a racket when they noticed police and attempted to conceal items including scissors and empty alcohol bottles, police facts state.
Carroll’s immediate response to the officer’s presence was to start swearing.
He said “f**k you c***s”, which had even caused his mates to ask him to “calm down”, court documents state.
Police facts state Carroll received a warning from the officers who were aware of the group’s “history with drug use and the park a well-known drug location” leading to a search, but no drugs were found.
Shortly after police asked the group to “move along”.
Three members listened to the directions, two stayed put including Carroll who began to wave an empty glass bottle in one of the officer’s face, screaming “see you f***ing cunts can’t do shit, I am f***ing 18 now you f***ing c***s”, the court papers state.
Police removed the glass bottle from Carroll’s grip and arrested him as he “thrashed about” and kicked the officers a number of times before kicking the door of the police vehicle “which has flung out and struck” an officer on the leg.
The incident caused a “minor” gash in the officer’s left thigh.
Police stated Carroll had kicked police “no less than 10 times” and due to the “level of intoxication” he was handed back to his mother where he resides and was charged.
During court proceedings Carroll’s lawyer said her client “regretted” the incident and had been diagnosed with “ADHD”.
“He was educated at Asquith high school and left school in Year 11. He was employed but due to difficulties he was forced to suspend employment to focus on a TAFE course. His family life is stable and happy. He is looking forward to returning to carpentry,” the lawyer stated.
“Leading to his arrest, in his own words it was his ego talking, he was totally out of line and it was ugly behaviour. He was in pain due to a leg injury and required surgery. He has a history of cannabis use but he’s never had any violent tendencies.
“His family are concerned about the impact a conviction would have on him working in care or with children.”
The lawyer also stated the injury to the constable’s thigh was “minor” but magistrate Bruce William, wasn’t having any of it.
“Let’s get something straight, there was no confrontation at all. All there was, was police trying to restrain an abusing, foul mouthed young man,” Magistrate Williams said.
“You seem to think I got a bit hurt, they got a bit hurt, that’s not right. You seem to have a very skewed view of how things work and I don’t accept any excuse about you being drunk.
“The policemen were just doing their jobs and executing their duty to protect other people around them.”
He received a conviction and a community corrections order for a period of 12 months. Further, he was ordered to pay a $1350 penalty.