Mudgee man fined for police assault, and refusing to move-on

A 26-year-old man has been fined $1100 in Mudgee Local Court for an intoxicated, early morning incident with police after he refused to cooperate with their move-on direction.

Rohan Alexander Duncan Nichols of Havilah Terrace, Mudgee, pleaded guilty in Mudgee Local Court to the charges ‘assault police officer in execution of duty without actual bodily harm’ and ‘refuse/fail to comply with direction’.

At about 3am, on Sunday, February 18, 2018, police were called to an incident at the BP service station and Nichols was part of a group told to move away from the area.

While officers were addressing another group they noticed Nichols behaving in a menacing manner.

He was then given a formal move-on direction and told not to go to the BP or the CBD.

Nichols argued with police and began walking back to the BP service station, saying “boys in blue are weak”.

He then attempted to shoulder barge one officer, who used a redirection technique to push him away, before restraining and arresting him.

On noting Nichols’ intoxication during the incident, Magistrate David Day said “it must have been a potent ale”.

There's a strong need for a deterrent to reflect the tough, and often thankless, job police face...albeit a flippant, foolish, drunken assault like this.

Magistrate David Day

Nichols’ solicitor Peter Orr, told the court that his client was moving back towards the BP service station because he had to pass it to go home.

In sentencing the defendant Magistrate Day said “there's a strong need for a deterrent to reflect the tough, and often thankless, job police face”.

“Albeit a flippant, foolish, drunken assault like this,” he said.