Top cop questions suspended sentence over glass bottle assault of police officer at Ceduna

South Australia's police chief has raised concerns about a court decision where a woman who had assaulted a police officer with a glass bottle was spared jail.

Police Commissioner Grant Stevens said he has sought further advice from the Director of Public Prosecutions (DPP) after a woman received a suspended sentence for the assault that took place in Ceduna in 2024, leaving the female officer with serious facial injuries.

Alisha Naomi Renee Gray was in December sentenced to one year, eight months and eight days' jail but a District Court judge suspended the term for a good behaviour bond of 18 months.

The charge of causing harm to a prescribed emergency worker with intent carries a maximum penalty of 15 years.

Commissioner Stevens said due to an "oversight" he was not aware of the sentencing until Sunday, which may impact whether a review could be sought.

"I wasn't made aware of this sentencing in this particular case until just this week, so there may be implications in terms of the ability to seek a review," he said.

He said he was concerned about the sentence and has engaged with the office of the DPP to seek further advice.

"I'm questioning whether a suspended sentence was appropriate. We'll just have to look at the circumstances that resulted in that suspended sentence."

He says he does not advocate for mandatory minimum sentences of imprisonment.

"I will say that there are a lot of occasions when people who assault police officers don't deserve to suffer a custodial sentence.

"But I think there are lots of examples where the assaults are so serious that there has to be a significant penalty and consequence for the person who, regardless of the circumstances, decided to commit an offence against a police officer that leaves them with lifelong effects.

"I asked the question, what are the circumstances where we would see that maximum penalty being applied? I'm not saying this case is the one, but what would have to happen for that to occur?"

In response to the Commissioner's question, SA outgoing Chief Justice Chris Kourakis said he had never seen a maximum penalty applied, and that was "because you've always got to leave room for the unexpected".

"But there's a whole body of case law which commissioners, ordinary people, commentators should really read about the various factors that end up placing an offence in a particular scale from right at the bottom up to the maximum," he said.

"I have no doubt that this sentence was a merciful [sentence], particularly having regard even to that 15 year maximum, but it's quite another thing to say that it's so wrong it should be set aside on appeal.

"It's another thing to say it's not within the discretion of the judge."

Police entitled to make their views known to DPP

In the sentencing remarks, the court heard Gray was attending the Ceduna Football League grand final in September 2024 when an altercation occurred.

Gray then struck the officer once in the face before the officer deployed pepper spray.

The officer sustained multiple facial lacerations, required surgery and was in "incredible pain for months".

Judge Anne Barnett found it was appropriate to suspend the sentence, taking into account Gray's genuine remorse, her young family, the special needs of her two children, lack of criminal history, and that the offending was out of character.

Chief Justice Kourakis said the prosecutor did not make submissions, on instructions from the DPP, to the judge that a suspended sentence was inappropriate.

"In fact, to the contrary, the prosecutor accepted that a suspended sentence may be appropriate in that case," he told ABC Radio Adelaide.

He said police officers and the Commissioner's office were entitled to speak to or make their views known to the DPP "so that the director can decide what position to take in the court".

"An important question is, what did senior police and investigators say to the director? Did the director explain why he wasn't going to ask for a custodial sentence?" Chief Justice Kourakis said.

"Controversies like this can be avoided if care is taken right at the outset."

The office of the DPP has been contacted for comment.

Chief Justice Kourakis also said the nature of the assault was different to what was portrayed in other media.

"It was a very serious assault with a bottle, and that's serious in itself, but it was not a glassing which leaves scarring and the like. So correct that," he said.

Commissioner Stevens said he understood the prosecutor was from the DPP's office.

"My understanding, it was a DPP prosecutor, not a police prosecutor, so this is one step outside of our, you know, area of control," he said.

"We usually have investigating officers that work closely with the DPP during a trial, so I'm yet to sort of understand all of the permutations for this particular matter, but that's the work we're doing now."

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