Nathan John Briggs: Lavington man assaults cop after refusing RBT

A man assaulted an Albury police officer saying “you’re f**king going down bitch” after she asked him to put out his smoke and take a random breath test.

Nathan Briggs

A Lavington man pinned a police officer to the ground and assaulted her because she asked him to put out his smoke and take a random breath test.

Nathan John Briggs, 39, pleaded guilty to two counts of resisting arrest, assaulting an officer

and escaping police custody in Albury Local Court on Wednesday.

When police stopped Briggs on Jacaranda St in West Albury at 2.50pm on April 8 for an RBT, the court heard he got out of the car.

The officer cautioned him and asked if he had been drinking or had taken drugs.

Briggs said: “Certainly have”.

He said he had three beers since noon, the last just 10 seconds before she pulled him over.

The officer said she would wait 15 minutes before breath testing him but asked Briggs to put out a smoke to which he replied: “No I’m finishing my ciggie.”

The officer told him he wasn’t but he still refused.

“Yeah I am (finishing the smoke), you pulled me over when I was smoking a dart. I’m finishing my dart darlin’,” Briggs said.

He also told the female police officer, who was working alone, that she drove up the street for “no reason”.

The officer said she was calling for back up.

“Go for it” Briggs said, giving her the finger.

“And you know what, I’m driving off.”

The police officer managed to reach through the Briggs’ open window and pull the keys from the ignition, before returning to her vehicle.

Briggs followed, demanding his keys back, before walking off down the street.

The police officer returned to Briggs’ vehicle and found two empty cans on Ton Draught Beer in the car.

The police officer saw Briggs walking north on Jacaranda St, and tried to arrest him, at 2.53pm.

Briggs raised his arms saying: “Go away, get your f------ hands off me b----.”

The officer managed to grab the bottom of Briggs’ shirt and told him he was under arrest again.

“For what? For what?” Briggs asked.

Briggs pushed her in the chest causing her to fall onto her back into a raised garden bed then

pushed her down, hitting her right ear.

He straddled her stomach and chest and pinned her shoulders down.

Court documents showed the offender’s face was just 30cm from the officer’s.

“Do you want to assault me Nathan?” the officer asked.

Briggs replied: “You pulled me over for no reason”. He got off the officer who was exhausted and out of breath.

Briggs walked away shouting: “That’s it, you’re f------ going down b----.”

After calling for back up, police found Briggs at Glendale Ave about 3.07pm.

He was taken to Albury police station where a breath test returned a reading of 0.069.

Briggs’ defence solicitor said his client was a married father-of-four who was facing a difficult time in his life.

He said his client was battling a difficult worker’s compensation case which involved workplace bullying.

Briggs’ solicitor said his client suffered from anxiety, depression, and bipolar disorder.

“If not for the difficulties he’s facing in his life he might have reacted differently,” his solicitor said.

Briggs’ solicitor said his client didn’t normally drink and was extremely remorseful for his behaviour.

“It is out of character …” his solicitor said.

Police prosecutor Sergeant Andrew Coombs said due to the nature of the assault against, Magistrate Richard Funston could find the threshold for jail was crossed.

“That police officer was working on her own and was quite vulnerable,” Sgt Coombs said.

Magistrate Funston said Briggs had “handled himself appallingly”.

“To assault a police officer in the execution of her duty, it has a maximum penalty of five years imprisonment,” Mr Funston said.

“I would say this is on the mid-range of offending, and is a very serious example of treating a police officer appallingly.

“I’m absolutely horrified by this example of assaulting a police officer.”

Mr Funston said the only thing stopping him from sending Briggs to jail was his limited criminal history and his guilty plea.

Briggs was sentenced to an 18 month community corrections order with supervision.

“For you to treat that police officer the way you did, if you ever come back before me, you will get a jail sentence,” Mr Funston said.