Tasering of unresisting man after car chase across Canberra suburbs 'inexplicable', says judge

WARNING: This story contains details that may be confronting.

The decision by police to Taser an unresisting man during an arrest gave the impression it was “only to punish him”, a court has heard during sentencing.

Nathaniel Coulter, 22, stole a car in Belconnen, before leading police on a high-speed chase through several Canberra suburbs in October 2023.

He was on bail and awaiting sentencing for a robbery at the time.

Justice Louise Taylor opened her sentencing remarks on Friday (23 August) by strongly criticising police conduct during Coulter’s arrest.

She said this did not “undermine the seriousness of the conduct of the offender”, but there was “a matter of concern in relation to the conduct of police” during his arrest as Coutler was seated in the car, wearing a seatbelt and not attempting to flee the scene.

“While I accept that likely operating in the minds of police was that the offender had failed to follow their direction to stop, the circumstances of his arrest depicted in the footage do not demonstrate any immediate safety concern or threat with respect to his physical apprehension,” she said.

A recording of body-camera footage played to the court showed the moment police officers Tasered Coulter before arresting him.

Justice Taylor said the Tasering was “at least questionable” and “had the very real appearance of being an action designed only to punish him [Coulter]”.

“The deliberate use of excessive force during the course of an arrest demeans the body of important police work regularly performed across our community with care, respect and diligence,” she said.

According to court documents, the incident came after a Coulter stole a white Hilux single-cab utility from the Westfield Belconnen Bus Interchange on Lathlain Street and began to drive through several Canberra suburbs on the early morning of 19 October 2023.

At 12:13 am, police saw the Hilux in Macquarie while they were undertaking a mobile patrol of Bowman Street.

Over the next approximately 20 minutes, Coulter led police on a chase around multiple suburbs and along major arterial roads, at times running red lights, driving on the wrong side of the road and across median strips.

During the chase, Coulter drove near a marked police vehicle, making an officer pull their vehicle to the left side of the road to avoid a head-on collision, before Coulter then “travelled at speed at a distance of no more than one metre past the right side” of the police car and drove away.

He later drove near another police officer, who was on foot and had to jump onto a grass median strip to avoid being hit.

Police used several tyre deflation devices during the chase, damaging the Hilux’s tyres and leaving Coulter driving on the rims.

After his arrest at 12:37 am, Coulter was taken to Calvary Hospital to be assessed for injury. A blood test identified methylamphetamine, court documents state.

While there was only a “small number of vehicles” on the road when the offending occurred, Justice Taylor said Coulter’s driving remained dangerous.

“The offender’s conduct brought with it the potential for serious harm to other road users and to the police officers carrying out their duties for the community,” she said.

When sentencing him, Justice Taylor described Coulter as someone who had “positive” prospects of rehabilitation.

“There is a basis for some optimism,” she said.

Coulter “readily” acknowledged how his behaviour could have harmed or killed someone, Justice Coulter said.

She quoted from a pre-sentencing report, where he expressed remorse and said he “‘would feel pissed off'” if he was affected by his behaviour.

However, while Coulter’s criminal history was “not extensive”, Justice Taylor said she had to take it into account during sentencing.

She also acknowledged this sentence would be the “longest period” he would have spent in full-time custody.

Justice Taylor sentenced Coulter to three years and two months in jail, which will be suspended after 14 months.