Richard Kelvin Nelly: Sentence for man who carried handmade weapon on Katanning street and punched officer

A Katanning man who carried a homemade weapon around the streets intending to use it for “self defence” and who punched a police officer in the face, has avoided immediate jail. Richard Kelvin Nelly, 44, appeared in Katanning Magistrates Court on August 19 where he pleaded guilty to assaulting a public officer, failing to obey officer orders, drug possession, possessing drug paraphernalia, and possessing an article with intent to injure or disable. Police had discovered cannabis in a container in Nelly’s pant pocket and a plastic smoking implement in his jacket pocket during a search at 1.30pm on June 5 when police stopped Nelly on the street. The same search revealed a 50cm weapon that Nelly had wrapped in a rubber bike grip. He told police at the time he “carries it for self defence”. On June 19, Nelly was held in custody at the Katanning police station for other offences when he refused to enter the vehicle and be transported to Albany or consent to officers recording his fingerprints and other forms of identification. CCTV captured Nelly punching a constable in the face when police tried to get Nelly into the vehicle by force. Defence lawyer Lillie Carney told the court her client was not taking his medication and he refused to take his hands out of his pockets to give his fingerprints because “he was cold”, and was unaware disobeying would be an issue. Ms Carney said the CCTV footage shows a “very thin” Nelly standing in the corner shadow boxing as three police officers surround him, which would be “intimidating” to her client and the assault “doesn’t look like a forceful hit”. She said Nelly now realises jumping to violence is something “he should never do”, and in the future he will not carry a weapon and walk away if challenged. Police prosecutor Sgt Fisher said despite the force of the hit “police have a right to not be treated like punching bags”. Magistrate Erin O’Donnell said that Nelly carrying a weapon is a “cause of concern in the community as he’s carrying it with the intention of using it”. Taking into consideration the suspended prison order Nelly was currently serving for offences which occurred at about the same time, Ms O’Donnell saw fit to add on to the order. Nelly was sentenced to a four-month prison order, suspended for eight months and fined $700 and $300 in costs. A stealing charge was adjourned for legal advice and listed for plea on September 16 in Katanning Magistrates Court.