Police officer who punched Greenough prison escapee wins appeal
A police officer caught on video punching a handcuffed Greenough prison escapee in the head has won his appeal to keep a clean criminal record.
Detective First Class Constable Callum Boult, 28, was given a seven-month suspended jail sentence in Geraldton Magistrates Court in October after pleading guilty to the common assault of Greenough prison escapee, Bradley Silvester.
Silvester was one of 10 prisoners who escaped from the prison near Geraldton in WA's Mid West on July 24.
Boult was charged after a WA Police drone which was hovering above captured him punching Silvester as he was re-arrested.
The drone footage – which can be seen below – shows Boult turning around to Silvester as he comes out of the bushes handcuffed and punching him once in the head.
During his sentencing, Boult had asked the magistrate for a spent conviction, meaning the offence would not be recorded against his name, but the magistrate refused.
Boult was stood down from police duties after the incident.
He appealed the sentence in the Supreme Court of Western Australia, arguing the sentence was manifestly excessive and gave insufficient weight to the fact he was of good character and had no criminal record.
Justice Larissa Strk ruled in his favour in March, setting aside his original sentence and resentencing him to a $1000 fine and spent conviction.
"The appellant is a relatively young person and in volatile circumstances, the appellant acted hastily without proper assessment of the situation," she said.
"He acted in a way that was not premeditated and the court will afford him this one more chance."