A Mandurah man has escaped jail time over an assault when he appeared in the Mandurah Magistrates Court on Tuesday.
Police had put a man in handcuffs when Cameron Linley James Thorne kicked the man in the head during the incident .
Thorne was sentenced to a suspended prison sentence for the crime.
The 26-year-old labourer pleaded guilty to one charge of common assault and one charge of being armed in a way that may cause fear.
The court was told police were arresting a man for an unrelated incident on Crawford Street on February 10, when Thorne launched at the man.
Thorne was also in possession of a baseball bat at the time of the incident.
Police prosecutor senior sergeant Sean Discombe told the court Thorne had failed to drop the weapon and step back when asked by officers.
He said police eventually grabbed the tip of the bat and pulled it away from Thorne, before arresting him.
In court, Thorne’s lawyer disputed the facts, claiming her client dropped the weapon when asked. But Thorne still admitted to being in the wrong.
His lawyer told the court Thorne had reacted poorly because he was worried his family was in danger at the time.
Magistrate Anne Longden said a seven-month jail term was appropriate for the common assault charge, but suspended the jail sentence for 12 months.
For the charge of being armed in a way that may cause fear, Thorne was placed on a community-based order, with programs and supervision requirements.
Ms Longden said it was lucky the victim didn’t sustain more serious injuries.
Thorne was given a 25 per cent reduction on his sentence for pleading guilty at the earliest opportunity.