A 24-year-old man who was drunk when he scuffled with police in peak-hour traffic on a Perth freeway has had his suspended jail sentence swapped for a $5000 fine.
Officers saw a shirtless Timothy Vickery walking in and out of the emergency lane on the Mitchell Freeway just before 6pm on January 19, waving his arms around and shouting obscenities.
He had to be restrained after he ignored instructions to stay near the safety barrier and continued walking out on the carriageway, causing cars to drive around him.
But he resisted arrest by struggling and attempting to elbow the officers in the head, yelling: "I'm going to slit your throat."
Vickery pleaded guilty to obstructing a public officer and was sentenced to a six-month term of imprisonment, suspended for 12 months, but had that overturned in the WA Court of Appeal on Wednesday.
Justice John Chaney said his conduct was reprehensible and risky, but a sentence of imprisonment was not the only option.