William Robb, 58, successfully appeals right to drink again
A man has succesfully appealed the length of time a booze ban was imposed on him after he assaulted a female police officer during a drunken night out in the Blue Mountains. Find out why he was given a reduction for the ban.
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A man who assaulted a female police officer during a drunken night out in Katoomba will be allowed to drink again in February after a successful appeal in the District Court.
William Robb, 58, was given an intensive corrections order for the assault in August this year, but appealed the condition that he wasn’t to consume alcohol for 18 months.
Robb’s lawyer argued the assault “didn’t pass the section five threshold” and the injuries sustained by the police officer weren’t “at the higher end of seriousness”.
He argued Robb attempted to punch the officer twice, but missed with both attempts.
However, Judge Mark Buscombe said the officer was taken to hospital after Robb “twisted her arm under himself, causing such great pain that she screamed ‘my arm, my arm, get off my arm’”.
Judge Buscombe said alcohol was a “serious problem” for Robb, and asked if he was doing anything about his addiction.
Robb’s defence lawyer said he wasn’t, but argued that trying to stop a man with a drinking problem from drinking for 18 months was “setting him up for failure”.
The prosecution was against the appeal, stating Robb had a long history of drinking problems, including a high-range drink driving charge in 1991, a mid-range charge in 2001, and two assault charges.
Judge Buscombe said Robb had been asked to leave both the Katoomba Hotel and Carrington Hotel before attempting to enter the Old City Bank Bar.
He was refused service at the bar, and then attempted to grope a group of young women outside.
Judge Buscombe said he then urinated near the bar’s front door, at which time police were called.
Police attempted to arrest Robb, and he caused injury to the female officer while trying to resist arrest.
Judge Buscombe said he viewed it as a “significant assault”, but acknowledged the defence argument that a strict no-alcohol policy would be setting him up for failure.
However, Judge Buscombe also said the holidays saw an increased amount of “these types of cases”.
He confirmed both the intensive corrections order and the community corrections order, and prevent Robb from drinking alcohol until February 1, 2020.