Devonport woman pepper sprayed officer: ‘How’s this going to go for you b----?’
A Devonport woman has been fined for six charges, including obstructing police, after using a can of capsicum spray on an officer.
The Launceston News
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A DEVONPORT woman who pepper sprayed a police officer after being pulled over for a random breath test has avoided prison time and been fined $400 across six charges.
Alanya Joy White was sentenced by Justice Gregory Geason on Friday after pleading guilty to assaulting a police officer, resisting a police officer, obstructing a police officer, using abusive language to a police officer, driving unlicensed and possession of a thing used for the administration of a controlled drug.
White was driving on Chinchester Dr in Devonport on December 20, 2018, when police pulled her over.
She told police she was unlicensed and police conducted a drug test, which returned a positive result.
Police asked White to get out of the car so they could search for illicit drugs.
“You told police that there were two dogs in the rear of the vehicle, and that they would bite,” Justice Geason said.
White opened the door and grabbed a mature rottweiler.
She refused the officers’ request to close the door and leave the dogs inside until she had been searched, refused to move away to allow police to close the door and was arrested for obstructing police.
As police held her, one of the dogs became agitated.
“One of the officers took her capsicum spray from her utility belt and told you that the dog would be sprayed if it attacked,” Justice Geason said.
White was pulled away from the door while the other officer closed the door to secure the dogs inside.
She was taken to the ground, but struggled and wrestled with officers, pulling her arms away as they tried to handcuff her, continuing to attempt to light a cigarette and calling the officers “c----”.
During the struggle, the capsicum spray was knocked from the officer’s hand.
White took the spay, turned it towards the officer and said “How’s this going to go for you bitch?” before spraying her.
The other officer wrestled the can from White and sprayed her.
She was taken to hospital and assessed and the officer she assaulted was treated at the North-West Regional Hospital with shortness of breath and severe burning and watering in her eyes.
“Fortunately there were no lasting changes to her vision,” Justice Geason said.
Justice Geason accepted claims by White’s council that her initial exchange with police in relation to the dogs was intended to warn them of a risk because of the dogs’ protective nature towards her.
“But it is also clear that your co-operation with police deteriorated after that, to the point where not only did you fail to co-operate with them, but you assaulted one of the officers. “Your behaviour generally was intended to frustrate the police in carrying out the search, and to make their task as difficult as possible.”
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Justice Geason said White’s conduct, the assault and the circumstances surrounding the assault were explained by post-traumatic stress disorder.
“It is said by the psychologist to provide an explanation for your reaction to the police officer you assaulted,” he said.
Justice Geason said White’s history showed she was careless about her obligations to driving, to being licenced to drive and showed a lack of respect for authority.
He fined White $400 across all counts and sentenced her to three months’ imprisonment, wholly suspended for 3 years.
patrick.gee@news.com.au