Man jailed after police officer sex assault appeal
BBCA man convicted of sexually assaulting a female police officer in Altnegelvin hospital's emergency department has been jailed for 12 months.
Andrew McMillan, 33, from Shearwater Way in Londonderry, was appealing a 13-month sentence imposed at the city's magistrates' court last year for a number of offences, including the sexual assault.
On Monday, at Londonderry County Court, Judge Neil Rafferty said while McMillan was convicted of twice grabbing the officer's thigh, he believed it was "a non-contact" sexual assault.
The original 13-month original, which included four breaches of suspended sentences, has now been reduced by a month.
Judge Rafferty said in relation to the sexual assault: "Had he touched her breasts or genital area in any other way his feet would not be touching the ground.
"If he goes next or near Altnagelvin hospital's accident and emergency department, except for legitimate purposes, he will probably be brought back in front of the crown court and I take a zero policy against those who assault those who are there to help us."
A prosecution barrister told the appeal hearing that on 18 August 2024, McMillan assaulted a nurse and committed disorderly behaviour in the hospital.
He was drunk and verbally abusive to members of the public, the hearing was told, and also to staff members in the waiting area.
When a nurse approached him, he lifted a chair and raised it towards her.
Two weeks later McMillan returned to the emergency department, again drunk, and caused criminal damage to a hand sanitiser.
He again verbally abused members of the public and was warned by police officers about his behaviour.
As McMillan was being restrained, the barrister said, he tried several times to kiss the female police officer before he twice grabbed her by the thigh.
Judge Rafferty imposed 12 months immediate custody.