Officers have been forced to dramatically apprehend a Ballarat man who attempted to flee court mid-hearing after he was told he would spend time behind bars.
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While sentencing Ashley Withling in the Ballarat Magistrates' Court on May 28, 2024, magistrate Michelle Hodgson paused to tell the 28-year-old he would be sent to prison.
After this was announced, Withling's on-again-off-again partner, who was seated behind him, began to break down in tears.
Ms Hodgson returned to giving her sentence, telling the 28-year-old it was important he engaged with drug and alcohol management, but he was no longer listening.
Despite orders from the magistrate for him to return to his place behind the bar table, Withling left his position to give his partner a prolonged hug.
He then made a sprint for the door, in the process pushing police prosecutor leading senior constable Giles Brown in the chest, who had positioned himself behind the 28-year-old.
Withling managed to get to the corridor connecting the courtroom and main foyer, but was then apprehended by two custody officers.
From inside the courtroom, the 28-year-old could be heard trying to fight the two men off, while being handcuffed on the ground.
During this proceeding, his partner yelled "don't hurt him", while an anonymous person yelled "you f---ing dogs" over the court's video-link system.
Withling, who was handcuffed and flanked by the two custody officers, was then marched back into the courtroom to hear the rest of his sentence from the dock.
Stolen cars used in series of offences
Earlier in the hearing, the 28-year-old pleaded guilty to a series of drug, theft and driving related offences.
According to a police summary, Withling was seen by officers sitting in a stolen Mazda sedan on Elsworth Street, Mount Pleasant, on the night of December 29, 2023.
When officers approached the vehicle, Withling reversed erratically into a skip bin, and then drove into the home he was parked in front of.
He then kept trying to drive away from the police, but the car was stuck.
Withling was arrested, and a search found he was in possession of a bag of methamphetamine, a knife, cash and scales.
Three weeks later, Withling was seen by police about 6pm while driving a Holden Astra with cloned number plates along South Street in Ballarat.
When police attempted to pull him over, the 28-year-old performed a U-turn, and drove away from the officers at high speed.
Later that night, Withling was arrested at a house in Mount Pleasant, and when questioned, he told officers he had fled the scene because he knew he shouldn't be driving.
On April 8, 2024, Withling was again arrested by police after he was found with another stolen car.
The car - a black BMW - was parked in front of Craig's Royal Hotel on Lydiard Street South, with number plates belonging to a different model attached.
Checks on the car confirmed it had been stolen from a Flemington address on March 16.
Inside Craig's Hotel, Police found Withling playing pokies.
They then took the 28-year-old outside, who admitted to having the car key in his pocket.
A subsequent search of the car found heroin and a raft of stolen items, including a large amount of men's clothing with tags attached, several sound bars and a box of eight security cameras.
In an interview with police, Withling said he had bought the BMW for a couple-of-hundred-dollars, even though he was aware it would usually retail for about $40,000.
He also said the heroin in the car was his, and he had used the drug earlier that day.
Withling's lawyer said their client's behaviour was related to a "very difficult" upbringing, which was characterised by drug use and separation from his parents.
As a result, they said the 28-year-old suffered from several mental health conditions, which affected his ability to reason.
In regards to Withling's current circumstances, his lawyer said he was in a "complicated" relationship with the woman supporting him in court, and he lived with her and her mother.
They also said he was currently unemployed, but had recently worked as a cleaner.
"She [Withling's partner] says to me he has been doing significantly better than in the past, but certainly his rehabilitation is not completed at this point in time," they said.
"His use of substances and underlying factors need to be addressed for there to be a long lasting change."
In their final submissions to the court, the lawyer argued for Withling to be given a lengthy community corrections order, as a prison term would negate the steps he had taken towards rehabilitation.
One month prison term and $300 fine
In response, Ms Hodgson said Withling followed a regular pattern of failing community based orders and then being incarcerated.
Because of this, she said community protection was important, and she would sentence him to a prison term.
"It's really important you engage in behaviour management and drug and alcohol management," she said.
"There is nothing more community corrections can offer you, you have to deal with those matters, you're [28], you're still a young man and you have someone that supports you."
After hearing this, Withling attempted to make his escape.
When he was marched back into the courtroom, Ms Hodgson completed the hearing by sentencing Withling to one month in prison with seven days already served.
He was also fined $300.
As he was being taken to the cells, Withling asked his partner to drop off his clothes and told her he loved her.
"I love you too," she said in reply.
