A Wagga man who gouged a police officer's eye with his thumb has been jailed for at least seven months.
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Stuart John Glover, aged 42, appeared in Wagga Local Court on Tuesday for sentencing after pleading guilty to charges of resisting and assaulting police.
Glover got into an altercation with police when they attempted a welfare check on December 28 last year after he had spent time at Wagga Base Hospital.
Officers used capsicum spray on Glover and attempted to put him in handcuffs in the lead up to the assault.
Magistrate Christopher Halburd said Glover had cupped an officer's face with his hand and dug his thumb into the officer's eye, leading to pain and blurry vision for several hours.
"Eye gouging is an incredibly serious thing to do," Magistrate Halburd said.
"The court has to send a very clear message to people who assault police that they will be dealt with severely for the protection of the community."
Magistrate Halburd said Glover was fortunate not be be facing additional serious charges over his interactions with police.
"[Glover] told police, 'I'm going to grab your batons and rip your guts out, I"m going to take your guns and put them to your head and shoot you'," Magistrate Halburd said.
"You are lucking you are not facing an intimidation charge for that."
Glover had previously served multiple Intensive Corrections Orders and suspended sentences in the past, including for violent offences.
Magistrate Halburd said Glover had committed a serious offence by assaulting police and another Intensive Corrections Order was not sufficient to deter him or others from committing similar offences in the future.
Glover's solicitor had argued that her client had a deprived upbringing with untreated attention deficit hyperactivity disorder and now suffered from epilepsy and explosive verbal tics.
The solicitor argued Glover should not be sentenced on the basis of deterrence due to his mental health issues and suggested a non-custodial sentence.
Magistrate Halburd made a finding of special circumstances given that Glover would have a difficult time in jail, but said his main issue was drug use.
Magistrate Halburd imposed an aggregate sentence of 14 months on Glover with a non-parole period of seven months to expire on October 21.
Glover began sobbing when two corrections officers approached him in court to apply handcuffs and take him into custody.
"I'm going to jail," Glover said as he was led from the court.
However, Glover was later bailed ahead of an appeal against the severity of the sentence on May 5.