A MAN punched a police officer “multiple times” while being arrested for causing damage to a shop.
Criminal damage took place at the Haven Home Centre in Market Place, Whitehaven, between 11.30pm and 11.45am on April 21, Workington Magistrates’ Court heard.
Pamela Fee, prosecuting, said the manager of the store viewed the CCTV footage and reported the incident to the police, who identified Brendan McCluskey, 45, from the footage.
A police officer went to arrest McCluskey on Lowther Street in Whitehaven the following day. The officer informed McCluskey he was being placed under arrest and went to put handcuffs on him.
McCluskey then punched the officer multiple times to the chest. Pava spray had to be deployed and additional officers had to attend the incident. McCluskey was then taken to Workington Police Station.
Following McCluskey’s arrest, he was placed into a cell but was not interviewed due to his “erratic” manner. The defendant was “not making a lot of sense”, the court heard.
A statement read to the court from the police officer said he didn’t expect to come to work to be assaulted by members of the public.
Ms Fee said there were a number of convictions on the defendant’s record and he was “well-known to the courts”. He was last before the court in November.
McCluskey, of no fixed abode, pleaded guilty to criminal damage to property under £5,000 and assault by beating of an emergency worker.
John Cooper, defending, said: “I think there are significant mental health issues. There’s been a suggestion of schizophrenia.
“He has been street homeless for a number of years. He hasn’t got a roof over his head.
“Community options are difficult. He doesn’t have an address. He’s not mentally fit for unpaid work. RAR [rehabilitation activity requirement] days may be setting him up to fail.
“It’s a very difficult one to sentence.
“It looks like the officer has just come off duty at the time. He was stopped by a man all in black. He didn’t have any fluorescent yellow on. No numbers on his arms. The officer said he had just come off undercover work.
“Mr McCluskey thought there was something funny going on. The officer told him numerous times he was a police officer.”
A probation officer said the only suitable sentence would be rehabilitation activity requirement days.
Passing sentence, lead magistrate Leswyn McCallum said: “We feel with your current mental health, you would struggle with any community order. We have no option but to fine you.
“We hope you get the help you clearly need for your mental health.”
McCluskey was fined £240 and was ordered to pay £100 in compensation to Haven Home Centre and £100 in compensation to the police officer.
No order was made for costs or a victim surcharge.
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