A judge has upheld a decision not to jail a Melbourne man who attacked two Victorian paramedics while in a "psychotic state" after taking a cocktail of drugs at a festival.

Key points: County Court Judge Michael Tinney found James Haberfield's mental impairment at the time of the crime was linked to his schizophrenia

County Court Judge Michael Tinney found James Haberfield's mental impairment at the time of the crime was linked to his schizophrenia He extended Haberfield's treatment, monitoring and corrections orders for a further four months

He extended Haberfield's treatment, monitoring and corrections orders for a further four months The case is the first test of laws designed to require jail sentences for people who attack paramedics

James Haberfield, 22, was sentenced to an 18-month community corrections order in August, thereby avoiding a minimum six-month jail term imposed under recently introduced laws for those who attack emergency workers.

Prosecutors appealed the decision on the grounds that "it was not open to the magistrate to impose any sentence other than a custodial sentence" as required under the Sentencing Act.

Today, County Court Judge Michael Tinney refused to jail Haberfield, finding the new laws still provided for special reasons which could act as exception.

"In truth, it is not a mandatory sentencing provision," Judge Tinney said of the new legislation.

The judge said the first special reason was Haberfield's mental impairment at the time of the offence, which he found was not solely due to his drug-taking but was also linked to underlying schizophrenia.

The second special reason was what Judge Tinney described as the "extraordinary burden" of a jail term, saying Haberfield was a "deeply disturbed and vulnerable first offender" who would be "likely to be greatly damaged in adult prison".

The case was the first test of the legislative changes, which came into effect in October 2018.

Judge Tinney extended Haberfield's original mandatory treatment, monitoring and community corrections orders for an additional four months.

During sentencing, Judge Tinney told Haberfield he had avoided jail "by the skin of your teeth".

Behaving like a maniac

The judge also told Haberfield the attack was "totally unacceptable" and had left his victim with serious ongoing physical injuries and psychological trauma.

"She never should have been assaulted, no paramedic should be," Judge Tinney said.

"Her year has been a disaster because of you, it's that simple."

The court heard Haberfield was "behaving like a maniac" when he punched a paramedic in the face and put her in a headlock, before attacking a second paramedic, while in a state of drug-induced "acute psychosis".

The Melbourne Magistrates' Court previously heard Haberfield went missing in an "acutely psychotic state" after the Rainbow Serpent alternative music and arts festival, during which he had consumed "a cocktail of drugs" including ice, MDMA and ketamine.

During sentencing, Judge Tinney said Haberfield had returned from the festival a "blithering mess" and had spent some time "hiding in a dog kennel" after his family reported him missing.

The university student knocked on the door of a Coburg home, walked inside and terrified the residents, who did not know him.

When the ambulance arrived to collect him, Haberfield punched the paramedic in the face, put her in a headlock and squeezed and pinned her to the rear corner of the ambulance.

James Haberfield punched a paramedic named Monica in the face. ( AAP: Julian Smith, file photo )

Fellow paramedic Sam Smith avoided Haberfield's punches, pressed the vehicle's duress button and sedated the young man.

Monica, the paramedic assaulted by Haberfield, said outside court she was continuing to receive twice-weekly treatment for her injuries. She had been diagnosed with post-traumatic stress disorder and anxiety, she said.

She has not been able to return to full-time work.

"The attack back in January has had, and continues to have, devastating impacts on my life," she said.

"Violence against anyone is unacceptable.

"Violence against paramedics, other emergency workers and health professionals is never OK.

"I intend to move forward from this incident and get back on the road in helping the community.

"Each individual is entitled to go to work and be safe."

The tougher laws followed public outrage over attacks on emergency service workers. ( Twitter: Danny Hill )

Danny Hill, the secretary of the Victorian Ambulance Union, described the outcome as "sad" and said the law needed to be clarified.

"The judge said, rightly, that this requires a shift in thinking from the courts," he said.

"I don't think we're seeing a shift in thinking, or at least not a shift in outcomes."

Read Judge Tinney's full sentencing remarks:

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