The independent Law Enforcement Conduct Commission is reviewing allegations of police brutality against an Aboriginal man in a New South Wales police station.

Key points: Carl Hoppner has admitted headbutting arresting officers and spitting blood-filled saliva on another

Carl Hoppner has admitted headbutting arresting officers and spitting blood-filled saliva on another His 10-month jail sentence was converted to a 12-month intensive corrections order on appeal

His 10-month jail sentence was converted to a 12-month intensive corrections order on appeal Hoppner's lawyers claim there were two "deliberate and reckless" assaults by police, and have referred the case for independent review

The words "Happy Invasion Day you black c***" prompted Carl Hoppner, 28, to apply for access to CCTV vision of his treatment at Toronto police station on Australia Day last year.

The prosecutor did not contest Mr Hoppner's account in court of a police officer saying that phrase to him.

Hoppner admits he is no angel and agreed his drunken behaviour was totally unacceptable on the day of his arrest.

He pleaded guilty to eight charges, including three counts of assaulting a police officer, four of using intimidation and/or violence, as well as using offensive language.

Carl Hoppner arrives at Newcastle District Court with his partner Natasha Cross. ( ABC Newcastle: Anthony Scully )

He admitted headbutting and elbowing arresting officers and spitting blood-filled saliva on another, after being arrested for intimidating his wife and neighbours, and drunken and aggressive behaviour.

In February, Local Court Magistrate Alan Railton sentenced him to 10 months' jail, but on appeal that was converted to a 12-month intensive corrections order requiring him to continue counselling.

It came after Hoppner's legal team argued he had been subjected to extra curial punishment; namely, the infliction of some kind of pain or loss upon Hoppner in the form of extra punishment.

Judge and magistrate scathing

A police officer is alleged to have kicked Carl Hoppner in custody. ( Supplied )

Newcastle District Court Judge Roy Ellis, who presided over Hoppner's appeal, was scathing about what he called excessive police violence.

ABC News has also obtained the CCTV vision, which showed Mr Hoppner being dragged from a paddy wagon at the police station by up to seven officers who had surrounded the vehicle.

From there he was taken to the charge area, and officers threw him into a cell, before dragging him out and holding him down.

Judge Ellis condemned what he described as police violence.

"Even getting him out of the paddy wagon — what was the hurry? Why did they have to drag him out like that?" Judge Ellis said.

"Police have a difficult job, but there are alternatives to using violence and it applies to the police, just as much as anybody else."

His concerns were echoed by Magistrate Railton, whose sentence Judge Ellis quashed.

"The footage clearly shows the police using significant force in removing him from the truck [and] also shows actions totally consistent with throwing punches," Magistrate Railton said.

Police describe an 'angry and violent' man

Police facts tendered as part of the court proceedings describe Hopper being violent and angry when officers arrived:

At the time of police arrival, there were numerous neighbours and residents in the street. The accused became aggressive towards police and began swearing, telling police to "f*** off you c***s".

Officers say after Hoppner was handcuffed and fell to the ground he grew angrier.

Police say once Hoppner was at the station he was not offered the opportunity to participate in an electronically recorded interview due to his extremely aggressive and confrontational demeanour.

'Deliberate and reckless' assaults: lawyers

The Law Enforcement Conduct Commission is reviewing the alleged police brutality case. ( Supplied: Law Enforcement Conduct Commission )

Hoppner did not deny his own conduct, but is accusing officers of brutality and excessive force when they allegedly punched and kicked him, and held him down.

His legal team has referred the case to the Law Enforcement Conduct Commission.

It was established in 2017 as a permanent independent investigative commission to provide oversight of the NSW Police Force and NSW Crime Commission.

In their referral, Hoppner's lawyers say there were two "deliberate and reckless" assaults by police.

The legal team told the commission Hoppner was vulnerable:

In both of the incidents Mr Hoppner is handcuffed, heightening his vulnerability and fear towards police assault.

The complaint also questions the officers' duty of care.

"The assaults were inflicted within the environs of Toronto Police Station by NSW police officers who were bound by the provisions of the Law Enforcement (Power and Responsibilities) Act 2002.

"The infliction of extra curial punishment by police represented a serious arrogation of police executive power that infringes both the rule of law and the separation of powers."

Police cooperating with probe

In February, New South Wales police said an internal investigation was underway into the officers' conduct.

In the wake of the appeal, the ABC asked for an update on that investigation and what, if any, disciplinary proceedings had followed.

Police did not respond to those questions, but did issue a statement in response the Law Enforcement Conduct Commission's review:

Lake Macquarie Police District is cooperating with the Law Enforcement Conduct Commission and has no further comment on this matter.

The Law Enforcement Conduct Commission said it did not comment on individual matters referred to it for investigation.