Appeals reduce prison terms for officers in Jodi Knott assault

Black’s maximum sentence has been lowered from five years and nine months to three years and two months, with his parole eligibility set for September 2027. Trautsch’s maximum term was reduced from five years and six months to three years, and he is now eligible for parole in August 2027. Both men could potentially be released from custody as early as next year.

Nichole Allen, Ms. Knott’s cousin, described the family’s reaction as “gutted,” stating, “It’s heart-wrenching… a real kick in her guts.”

The original sentencing judge had characterized the assault and the use of pepper spray as being aggravated by “gratuitous cruelty.” However, the NSW Court of Criminal Appeal determined that the sentencing judge erred in considering the brutality of the violence when assessing the seriousness of the assault, citing a risk of “double counting.” The court upheld the finding that the officers’ misuse of pepper spray was gratuitously cruel and affirmed that their common assaults were “…at the top of the range” of objective seriousness.

Justice Hament Dhanji noted a “shocking lack of humanity” displayed by the officers towards Ms. Knott, emphasizing, “To be clear, the assault was brutal. The victim was vulnerable.” He also acknowledged the officers’ position of authority was abused.

Police were initially responding to a Triple Zero (000) call concerning a naked woman sitting beside the road at Emu Plains. The court found the officers became impatient and frustrated while attempting to get her into an ambulance, ultimately resorting to “needless violence.”

The court also considered that the officers demonstrated remorse and that their incarceration has been particularly challenging due to their former roles as police officers and their mental health conditions, with both men reportedly experiencing threats from inmates and significant fear.

Ms. Knott passed away from cancer in 2023, eighteen months after the incident. Body-worn police footage of the assault was later featured in an ABC Four Corners investigation, prompting calls for reform in how police handle individuals experiencing acute mental illness. In July, the NSW government introduced a new health-led response model for mental health emergencies, shifting away from police-led interventions. Ms. Allen concluded, “She’s been let down but hopefully it will be safer for other people going forward.”