Luke Edward Westphal was distraught over death of dog

Luke Edward Westphal, 38, pleaded guilty to three counts of assaulting a police officer, a count of threatening a police officer and a count of resisting a police officer on February 14, 2023.

Police prosecutor Guiliani Ercole said that police responded to a concern for welfare after Westphal told staff at the St Helens veterinary clinic he intended to take his life after the death of his pet dog.

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He said police followed him to Binalong Bay, where he told them he would shoot at them if they attended his address.

Mr Ercole said that at 12.55 pm Westphal emerged from his home with a Recurve bow and arrow and steel-tipped arrows.

He said that when police tried to engage him in conversation, Westphal fired an 80cm arrow into a wooden fence, causing the carbon fibre of the arrow to shatter.

At 4.53 pm Westphal again emerged from inside his home and pointed the bow and arrow, prompting an officer to draw a firearm and instruct Westphal to put the bow and arrow down.

He said Westphal fired a shot at an officer, which impacted the wooden fence one metre from the officer.

The Special Operations Group was deployed and Westphal approached them and fled into the bush, where a short pursuit occurred.

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He was tasered twice before being restrained and handcuffed and was remanded in custody until Wednesday.

Defence counsel Grant Tucker said Westphal had a meltdown over losing his dog. He said his behaviour was circumstantial rather than any ongoing mental health issue.

"He said he wanted to kill himself and had taken some steps," he said.

"When police turned up, he used arrows to keep the police away."

Mr Tucker said the arrows were aimed to go into the fence rather than strike an officer.

"He says the meltdown was a one-off event. He felt that he had lost his best friend," he said.

"He could be classified as a bit of a loner."

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Magistrate Simon Brown said a report found Westphal was not suffering from a mental illness.

"Your reaction was completely and utterly out of all reason in the context of what happened," Mr Brown said.

He said it was a very serious example of assault police and developed into something of a siege.

"There are few weapons other than a powerful firearm with the potential to do more damage with the prospect of injury, maiming or even death," he said.

Mr Brown released Westphal from further actual jail but handed him a five-month suspended sentence.

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