A MAN shot after "frantically" trying to stab police with a tactical shovel will be out of jail next year, as a judge found the officers' response was "reasonable and necessary" to defend themselves.
Aaron Barrie Searle, 47, had been inhaling 10 cans of deadly butane gas a day and was refusing to leave his ex-partner's unit at Mayfield when two police officers knocked on the door on the afternoon of February 15 last year.
Searle was not going to be arrested and police were just there to speak to him.
But once the door was open and the pungent smell of gas escaped, the 47-year-old appeared from the darkness holding a tactical shovel and moved towards police, "growling" and "frenetically and frantically" tried to stab a male police officer.
A female police officer also drew her service weapon and fired it once towards Searle.
Searle fell to the ground outside the unit and police disarmed him of the tactical shovel, which an expert would later opine was "capable of inflicting serious and lethal injury".
Searle, a man with a long history of drug abuse, mental health issues and suicide attempts, gave evidence earlier this week that while he could not remember that day, he "probably" attacked the officers because he wanted to be shot and killed.
But the officers immediately applied pressure to his wounds and, after undergoing surgery and spending more than a week in John Hunter Hospital, Searle survived.
He lost a kidney and has an injury to his thigh that means he requires crutches to walk.
Judge Marr said Searle's moral culpability for the attack was reduced due to his mental health issues.
"I find that his offending was predicated on his depression, caused by his response to being told that his relationship had ended," Judge Marr said.
"Such a depressive condition giving rise to suicidal thoughts before the arrival of police.
"I find that this state of mind materially contributed to his decision to arm himself and to confront the police with a view to inducing them to fire upon him."
Judge Marr said the police officers were not expecting the attack and their task on the day appeared a simple one: to ensure Searle knew he had to leave the unit.
"They were confronted without warning by a dangerous and possibly life-threatening attack, which was completely unprovoked and unanticipated," Judge Marr said.
"Their responses were proportionate, escalating and necessary in order to protect themselves.
"I find that the use of their firearms was proportionate.
"It was reasonable and it was necessary in order to defend themselves."
Judge Marr said now that Searle was drug free he realised the "stupidity and futility" of what he had done.
He found Searle was remorseful and the injuries he suffered would be a daily reminder of what could happen if he used drugs.
And on Thursday, Judge Marr jailed him for a maximum of three years and three months, with a non-parole period of two years.
With time served, Searle will be eligible for parole in February, 2027.
