An off-duty police officer who allegedly pulled a stranger to the ground and punched him in the head in inner-city Newcastle was intoxicated and suffering from post traumatic stress disorder caused by his job, Newcastle Local Court has heard.
Magistrate Janine Lacy on Friday dismissed one count of assault occasioning actual bodily harm levelled at Mitchell Stuart Smith, on the grounds he was suffering a mental health impairment at the time of the incident.
Mr Smith previously pleaded not guilty to the charge.
The court heard that Mr Smith had been asked to leave a pub in Newcastle following a drinking session on the night of June 24, 2022, when he allegedly assaulted a man on Hunter Street without any warning.
Witnesses saw Mr Smith climbing a fence before he allegedly approached a stranger, grabbed him in a bear hug and dragged him to the ground - where he threatened to stab him, pulled his hair and punched him in the head, according to a statement of police facts.
Passers-by pulled Mr Smith from the man.
The court heard that Mr Smith was subsequently diagnosed with post traumatic stress disorder likely sparked by a job he attended during his work as a junior police officer a few months earlier.
Magistrate Lacy said there was no dispute the incident was serious, but Mr Smith would benefit from long-term mental health treatment.
She said diverting Mr Smith from the criminal justice system would best serve him and the community.
"There is significant community concern for alcohol-related violence, particularly in the CBD after-hours," she said.
"The incident itself would have been a disturbing and frightening experience for the complainant.
"It appears to me to be inexplicable behaviour."
