A HEPATITIS-INFECTED man who bit and spat at police officers as they tasered, capsicum sprayed and drew a firearm during an intense confrontation has been spared immediate jail.

Andrew Jamie McRitchie, 43, had pleaded guilty to three counts of aggravated assault and one count each of an aggravated act likely to cause harm and damaging a motor vehicle at Whyalla on January 18 this year.

In sentencing, District Court Judge Rauf Soulio said police were called to the crime scene when McRitchie was seen behaving in an odd and aggressive manner while carrying a metal pole and two metal drain plates.

He said when McRitchie, of Whyalla, saw the police car coming towards him, he picked up a metal plate and threw it through the police car window.

“You were shouting and waving the plate in an aggressive manner. You were shouting at the officers to shoot you,” he said.

“One of the police officers subdued you with a taser and both officers proceeded to restrain you. “You were kicking and punching at both officers. You were sprayed with a capsicum spray and struck with a baton.”

Judge Soulio said one of the police officers had told him he had drawn his firearm, had taken the safety catch off and had his finger on the trigger and was prepared to shoot, given McRitchie’s aggressive behaviour.

“You bit one of the officers on his finger which caused bleeding, and I pause to note that you suffer from hepatitis C, and the fact that you had caused injury to the police officer caused him great distress as it raised the immediate possibility that he had been infected as a result of your actions,” he said.

Judge Soulio said the officers had submitted that McRitchie, who had been on a methylamphetamine and amphetamine bender for several days before the incident, had displayed an extraordinary tolerance to pain in the way he responded to the capsicum spray and through the injuries sustained during his arrest.

He said McRitchie had then spat in the face of one of the officers as he was loaded into an ambulance.

Judge Soulio sentenced McRitchie to one year and eight months’ jail with a non-parole period of one year but, with “some degree of caution” decided to suspend that upon him entering a $1000 two-year good behaviour bond.

“It is apparent that you have significant problems arising from your abuse of illicit drugs, in particular, arising from the impact of those drugs upon your mental functioning,” he said.

“When you remain free from drug abuse you have a strong work ethic and a strong work history. “You will ultimately have responsibility for supporting three young children.

“It is apparent you have embarked upon a process of rehabilitation as is indicated by your performance whilst on home detention bail.”