A Tasmanian police officer who punched a man he was arresting in the head with what he said was "the biggest hook" he had ever done has avoided having a conviction recorded.
Constable Oliver Smith, 23, was charged with common assault after an incident in Penguin, in the state's north-west, in January last year.
He was found guilty by Chief Magistrate Catherine Geason last month.
Constable Smith was one of several officers who responded to a call that a man, Roger Compain, was experiencing a schizophrenic episode and was destroying property.
When police arrived, Mr Compain — who the court was told was known to be linked to a criminal gang known as the "Bad Mother F*****s" — was armed with a bow and arrow.
He fired, narrowly missing one of the officers' head, the court was told.
"Mr Compain was completely unresponsive to attempts to tactically resolve the situation," Chief Magistrate Catherine Geason said in her reasons for her guilty decision last month.
While still armed with the bow and arrow, Mr Compain then drove off in his car before he was stopped after police deployed road spikes.
Constable Smith then rushed at Mr Compain to disarm him, before throwing the bow and arrow out of the way.
It was at this stage, while Mr Compain was unarmed, the constable delivered "a forceful closed fist punch" to the head before the man was arrested.
"The officers were entitled to use such force as may be reasonably necessary to overcome any force used by Mr Compain in resisting his arrest or preventing his escape," Chief Magistrate Geason said last month.
"In my view, punching Mr Compain to the head was force that went beyond what was reasonable to effect the arrest or escape.
"Despite the dynamic situation, it was not reasonable force for Constable Smith to defend himself or other police officers."
Punch went beyond 'reasonable'
In the Magistrates Court in Burnie, Chief Magistrate Catherine Geason decided not to record a conviction but fined him $800.
She praised Mr Smith for his bravery in disarming Mr Compain and said it was then a "split-second" decision to punch Mr Compain in the head.
"It was an action that was not reasonably necessary, " she said.
"When the punch was delivered he was no longer armed. A forceful punch went beyond what was reasonable."
She took into account the circumstances that led to the punch.
"It happened during an incident that was highly stressful."
During the hearing last month, in evidence, Constable Smith said he believed Mr Compain posed an imminent threat to police of death or serious injury.
The court had previously been shown body camera footage where Constable Smith referred to Mr Compain as a "dog" and said the punch was the "biggest hook" he had ever done.
Court documents said Constable Smith accepted "those comments were not appropriate or professional" but denied he was gloating about his actions.
"He believes he was processing the incident — which was highly stressful, scary and overwhelming — and regrets what he said."
In a statement last month, a Tasmania Police spokesperson said Constable Smith was "placed on non-operational duties on June 27, 2022, and remains on non-operational duties".
They said Constable Smith would also be subject to an investigation by the Professional Standards unit.
