Ice crash triggers assault

Man sentenced to probation after threat with large clam shell knife

A man who was in a psychotic state because he was withdrawing from the illicit drug ice was sentenced on three charges of assault in Cairns District Court on Monday.

Judge Paul Smith lamented the number of cases he dealt with that involved the use of ice.

Brian Francis Mosby, 26, who has spent 301 days in presentence custody, was sentenced to two years’ probation.

Prosecutor Tania Richardson told the court Mosby started using cannabis at 13 years of age and started using ice at 18.

However, he left Cairns and went home to York Island in the Torres Strait and had done seven days cold turkey off ice when the offences occurred.

Mosby pleaded guilty to common assault, serious assault police officer, and assault police officer with spitting.

The first offence occurred on August 5 last year when Mosby got into a fight with a man he had grown up with.

The man was in his boat cleaning clam shells with a large knife, which Mosby wrangled from him and pointed toward the man’s chest, saying “I’m going to stick you”.

The following day when police went to arrest Mosby, he became aggressive, resisted arrest, head butted one officer and spat on another, she said.

He was taken to Thursday Island hospital, sedated, and then taken to Cairns Hospital Mental Health Unit.

Mosby told the court he did not see a psychiatrist while he was an inpatient.

Defence barrister Kelly Goodwin said Mosby had considerable insight into how ice had affected him.

“He returned to York Island with the goal of effectively breaking the cycle and had not had ice for seven days, that absence of ice produced a psychotic episode,” Mr Goodwin said.

“I have watched the body worn camera footage and police are very patient, they appear to be more concerned with his state of mental health.” Mosby asked for a cigarette and his father made him a coffee but became “extremely distressed” when he was forced into the back seat of the police vehicle.

Mr Goodwin said Mosby had seen a mental health doctor in prison and had been prescribed a medication for sleep.

Mosby sought to return to York Island, where his family had a fishing permit and he would have employment.

His partner and three young children were on York Island,

Mr Goodwin said. “During 10 months in jail at Lotus Glen he applied for courses and counselling and has not been granted access, and has no access to a psychologist or psychiatrist,” Mr Goodwin said.

Judge Smith said it was unusual that Mosby had not seen a psychiatrist while at Lotus Glen.

“It is a real shame that you could not access courses that would have assisted in your rehabilitation,” Judge Smith said.