A violent man who attacked paramedics after they saved his life will not go to jail despite prosecutors appealing the previous sentence they said was "manifestly inappropriately lenient".
Subscribe now for unlimited access.
or signup to continue reading
The two NSW paramedics feared for their lives on November 17, 2018 when, after receiving CPR, Orion Harding suddenly awoke and jumped from the stretcher as he was being taken into the ambulance, then started throwing punches.
They had just resuscitated him at Grantham's Bend Camping Reserve in Wahgunyah where the 27-year-old Albury man had been drinking alcohol all day and had jumped into the river, landing on a submerged log before having an asthma attack.
The paramedics managed to get away from Harding's violent outburst by using a fire extinguisher and wheelie bin to defend themselves, even as he jumped on the ambulance and punched the window.
Prosecutor David O'Doherty asked Judge Damian Murphy in Wodonga County Court on Wednesday to send Harding to jail, saying the community was concerned about assaults on paramedics.
He read out what the judge agreed was a "powerful victim impact statement" from the female paramedic, who at a petite 60 kilograms was not strong enough to protect herself from Harding.
She was the one who sprayed the fire extinguisher in his face.
MORE NEWS FROM COURT:
"The terror I felt during the attack was unlike anything I had experienced before," she said.
"The run back to the car was the most frightening thing in my life and I still have nightmares about not being fast enough."
She said if she had not been working with her larger male partner, who ended up scratched and bruised from the physical fight with Harding, she "wouldn't have walked out alive".
"It has left me feeling vulnerable and hyper-vigilant at work," she said.
Harding kept his head down as the prosecutor read out her statement.
Judge Murphy said his first instinct was to send Harding to jail for six months.
"Give me three reasons why I should vindicate your client and not the two officers that got bashed up in a drunken rage," he said.
Barrister Vincent Peters called Harding's Corrections case manager and disability workers as witnesses, who said the best outcome was for Harding to stay out of jail so he could continue his rehabilitation.
Judge Murphy said it was "almost a miracle" Harding had made good progress, so he increased his community corrections order by six months, rather than sending him to jail.
He said he "absolutely denounced" the attack on paramedics, but said he did not want to waste the 12 months of work Harding had done to address his drug and mental health issues.
"It was an absolutely outrageous attack by you against these two officers who were just trying to help you ... All they get is you trying to punch the lights out of both of them," Judge Murphy said.
"While I understand the sentence must seek to vindicate the two victims in this matter, I've read the report and the letter of apology ... You are remorseful."
Harding still has 167 hours of community work to complete.
"It's time for you to get out of the justice system and be a valuable member of society." Judge Murphy said.
