The man who drove into and injured three Canberra police officers is back in jail after the ACT's Chief Justice rejected suggestions he should not spend more time behind bars because of his mental health condition.
The court previously heard how the police officers — a senior officer training two junior officers — were conducting routine traffic stops outside the National Arboretum in July 2021, when the incident occurred.
The senior officer described his shock after being hit from behind by Thomas Matthews's car and propelled forward into the grass.
One of the junior officers was pinned under the car with a badly broken leg, and the other landed on the bonnet and was thrown clear.
A member of the public who the officers had just stopped and cautioned detained Matthews and helped free the trapped officer before medical help arrived.
Charges downgraded from attempted murder
Matthews pleaded guilty to two counts of negligence causing grievous bodily harm, and was today sentenced to a total of 23 months in jail.
He had already been in custody for more than a year but was on bail, before being returned to prison this afternoon, after his formal sentencing in the ACT Supreme Court.
Matthews was initially charged with three counts of attempted murder.
But that changed when it emerged he had recently been diagnosed with schizophrenia after an earlier incident when he attacked a police officer and set his own home on fire.
The court heard at the time of the offences he had been in a psychotic state.
"In light of those events and other evidence obtained by police, the offender's act of driving into three police officers less than two months later rather had the appearance of a targeted attack born of religious ideology," Chief Justice McCallum said.
"Support for that theory, now no longer part of the prosecution case, was found in extracts of a notebook kept by the offender which appeared to list police and other law and security agencies as targets to kill."
The court also heard that Matthews had slammed on the brakes and was travelling just under 20 kilometres per hour when he hit the officers.
The court viewed footage of the accident which showed the impact and the aftermath. The ABC has chosen not to show the moment of impact.
'High degree of negligence': Chief Justice
In sentencing Matthews, Chief Justice McCallum referenced victim impact statements read to the court, including from the senior officer, who had been left with ongoing back problems and was now off work suffering post-traumatic stress disorder.
"This is not how I wanted to end my policing career," the officer had said in his statement.
She also noted one of the junior officers was only on her fourth shift in the community, and the other whose leg was broken in several places must have suffered excruciating pain.
The court heard Matthews had been suffering side effects from his new medication at the time of the crash, including blurred vision for up to five seconds.
His own lawyer, Jack Pappas, told the court Matthews was deeply unwell, and his culpability was low.
Prosecutors said the threshold for a jail term had been crossed, but did not press for more time in custody.
But Chief Justice McCallum said Matthews had been aware of the blurred vision and he did know he should not have been driving.
"He was rational enough to have reasoned that he should minimise his driving on that account," she said.
She said there was a high degree of negligence.
"In my assessment … the prosecutor's concession that no further period of imprisonment is required in this case pays inadequate regard to the need to denounce the high degree of negligence involved in driving, knowing of the risk of being rendered unable to see for up to five seconds, and the need to recognise the very substantial harm done to the police officers whose lives have been so dramatically affected by the events of that day," she said.
"I am of the view that a further term of imprisonment must be imposed."
Matthews has returned to jail until October. He will also serve a one-year good behaviour order.
Prosecutors under fire from police union
Australian Federal Police Association President Alex Caruana said members of the association were not happy with the sentence.
"[The affected officers] are obviously very disappointed, as are the whole of the association — all of the members," he said.
"The Chief Justice did the best she could with the case that was presented by the Director of Public Prosecutions (DPP), there were obviously other charges that we feel should have been put by the DPP.
"It indicates to us that DPP are underfunded, under-resourced, and they need to get some more experienced lawyers to keep the community safe."
ACT Director of Public Prosecutions Shane Drumgold said he "acknowledged the pain that this tragic event has caused".
"Those impacted will long bear the physical and emotional scars," he said.
"This case demonstrates the dangers our front-line workers face on daily basis.
"My office however has a steadfast commitment to act independently, particularly in the face of public pressure."
But he also said he was satisfied with the way the case was prosecuted.
"As minsters of justice, we must pursue justice between the community, the victims, as well as the offender," Mr Drumgold said.
"I am satisfied that this very difficult case was prosecuted in the finest traditions of these obligations."
