Woman who bit police officer escapes jail term

Normally, there is a six-month mandatory jail term for anyone who bites a police officer, however Magistrate Stella Stuthridge said she was satisfied a legal argument of mental impairment at the time had been made out.

“It was impulsive, unplanned and she was clearly in time of distress and seeking help,” Ms Stuthridge said.

Earlier this year the court heard Fochi called 000 on May 12, 2019, telling the operator she was on the toilet and needed toilet paper, and that her friend was abusing her and her dad had died.

Fochi also said there was a warrant out for her arrest.

When police arrived at the Shepparton house she was calling from, she was distressed, saying her father had died, and was begging for help.

The court heard Fochi screamed that it “hurts” as police carried her out of the house, with officers holding her arms and legs, and told them that she was going to “fight”.

Prosecutor Senior Constable Caitlin McLeod said Fochi became aggressive, yelled at police and refused to walk.

She told a female police officer to hold her hand, but the officer refused as she had spat at people previously.

The court heard Fochi then bit the female police officer’s arm and refused to stop until another officer used physical force to stop her.

In handing down her sentence, Ms Stuthridge spoke of the “emotional anguish” the bite had caused the police officer and how the officer had said “leaving the house to go to work is an emotional struggle as I fear I may not come home”.

“It was an unprovoked attack on a serving member of police,” Ms Stuthridge said.

However, Ms Stuthridge said she was satisfied Fochi was suffering from borderline personality disorder and post-traumatic stress disorder at the time of the offending, and they combined with a state of crisis due to the death of her father and shoulder pain.

She also noted her history of mental health problems and hospitalisation.

Ms Stuthridge accepted the defence’s argument that the mandatory jail sentence should not apply in this case.

Fochi was sentenced to the 27 days in prison that she has already served in pre-sentence detention.

She was also placed on an 18-month community corrections order with assessment and treatment for mental health conditions, including programs to reduce her re-offending.