Disability pensioner Ross Richard Gladwin launched what Justice Michael Brett described as a brutal and dangerous assault on the officer after police were called to a Burnie home on April 25.

They were called by the female home owner, who wanted Gladwin removed after an argument.

The  assaulted officer gave evidence she was  negotiating with Gladwin to leave the house when he got up from a  couch and started hitting her with the sex toy, including blows to the head.

Gladwin lifted her by her ankles and she fell.

She hit her head on a heater, broke a finger and said she had symptoms including mild amnesia and headaches for some weeks.

In the Supreme Court, in Hobart, on Friday, Justice Brett sentenced Gladwin to five months’ jail.

Justice Brett suspended three months of that on condition Gladwin be of good behaviour for 18 months.

Gladwin, 53,  had earlier pleaded guilty to one count of assault.

There had been some thought he might be the first person in Tasmania sentenced under mandatory sentencing laws for assaults on police.

The Sentencing Act provides for mandatory jail when a police officer suffers serious bodily harm in certain circumstances.

Justice Brett decided the section did not apply in Gladwin’s case as he was not satisfied beyond reasonable doubt the bodily harm amounted to serious bodily harm.