A man who has an acquired brain injury had his head held down on a pillow by police and could not breathe during a search of his property, his lawyer told the Bendigo Magistrates' Court.
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Paul Wright was confused about his legal obligations to let the police enter, the court heard.
Wright pleaded guilty to attempting to prevent police from entering his property and possessing prohibited weapons, an imitation firearm and 11.5 grams of cannabis.
He has been placed on a therapeutic community corrections order.
The Bendigo Magistrates' Court heard on August 1 that the police's Bendigo Response Unit had attended Wright's address in June 2023 for a compliance search as he was banned from having a firearm.
The court heard Wright had tried to block police entry, and became aggressive and tried to attack officers. During the struggle he grabbed an officer by their ballistics vest before other police officers handcuffed him.
Wright had been handed the firearms prohibition order after spending time in jail for other matters and had previously pleaded guilty - in May 2023 - before Magistrate Trieu Huynh for possessing prohibited weapons, namely two double edged knives and an imitation firearm in November 2021.
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Magistrate Huynh told Wright that he was clearly agitated at the time of the struggle in his rental address.
"You may be aggrieved but you are obliged to grant them entry," Magistrate Huynh said.
Wright was present in court wearing a white hoodie, with a mullet hairstyle and distinctive facial tattoos, and told the court he "will not let them in my house".
Magistrate Huynh told Wright's defence lawyer Robert Morgan to explain this obligation to his client.
Mr Morgan presented a neuropsychological report to the court supporting Wright's diagnosis with an acquired brain injury which he told the court meant his client had been confused by elements of his offending.
Mr Morgan said Wright had struggled to understand why he had been issued a firearm prohibition order after already serving jail time, and was also confused that police did not require a search warrant to enter his home when he was covered by such an order.
The court heard that the obligations and restrictions facing Wright should have been more clearly explained.
Mr Morgan told the court Wright had not wanted to let police enter because the last time his property was searched it had been damaged and, as a renter, he had shouldered the cost.
The court heard that during the most recent search police had used an iron bar to open the fly wire door and Wright's head, Mr Morgan said, was pressed against a cushion and Wright said "I can't breathe".
"Apart from swearing, there were no further allegations of resisting arrest," Mr Morgan said.
"There were no injuries to any parties."
He also said the 11.5 grams of cannabis was a small amount and there was no evidence of trafficking.
Wright was placed on the therapeutic CCO for 12 months and fined $200 for cannabis possession.
The weapons and drugs will be destroyed.
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Lucy Williams
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
