The complaint was revealed by David Barron, solicitor for Lance Hume Hull, during 69-year-old Hull's appeal against jail terms handed out in Wagga Local Court on February 17, after he pleaded guilty to common assault, resisting arrest and three counts of possessing a prohibited weapon without a permit.

In overturning the prison sentences and instead placing Hull on two good behaviour bonds and recording no conviction for the assault, Judge Stephen Norrish said he could not understand why a 69-year-old man with no prior criminal record had been given jail under circumstances where he had temporarily "lost his mind".

However, the judge said he would not be getting involved in any complaint about alleged excessive force by the police officer who arrested Hull.

"These are all matters he should take up with the Police Integrity Commission, they are no strangers to Wagga," Judge Norrish said.

"These are matters for elsewhere ? if there are reasonable grounds for complaint."

Mr Barron said according to police accounts of Hull's arrest, Hull was sprayed twice and struck with a police baton approximately four times on his hands, three times on his legs and twice on the arms.

He tendered photographs of Hull's injuries.

In a previous court appearance, Mr Barron said Hull estimated he had been struck up to 50 times with a baton, a figure that was not believed by the sentencing magistrate.

The police officer suffered a thumb injury in the clash with Hull.

The violent arrest happened after Hull, a horse trainer, called police to his Pearson Street property on November 5 over a dispute with another person.

That person complained that Hull had assaulted them by raising a fist and told police Hull had three illegal tasers in the kitchen.