Man kicked, spat on cops

A 44-YEAR-OLD Tara man with a “deeply troubling criminal history” of violence has been jailed for attacking a number of police officers called to a disturbance on a Toowoomba street.

Michael James Mostyn had been trespassing on private property and walking on Greenwattle St while ranting and swearing during the afternoon of January 24, 2021, prompting witnesses to call police.

Police arrived to find a seemingly drug affected and shirtless Mostyn ranting and rambling, Crown prosecutor Shontelle Petrie told Toowoomba District Court.

“He then exposed his genitals toward police and said ‘Oi dog, eat these’,” before shaping up to an officer, she said.

When detained by three officers, Mostyn kneed one policeman in the head, causing concussion.

When two more officers arrived as back-up and tried to handcuff him, Mostyn kicked a female officer in the face.

Placed in the police van, he continued to yell abuse and was eventually pepper sprayed.

Due to his demeanour, Mostyn was taken to Toowoomba Hospital and was sedated and placed on a stretcher but then tried to bite an officer before spitting in his face, Ms Petrie said.

At the hospital he was placed into an induced coma but when he was later brought round he called the female doctor a degrading name before telling staff that he was a convicted killer.

Ms Petrie among Mostyn’s "deeply troubling criminal history” was a conviction for manslaughter at the age of 19 arising from the killing of a homeless man.

Taken from the hospital to the watch house, he had spat a number of times at two police officers, ultimately striking one in the face, she said.

Mostyn pleaded guilty to a series of serious assault of police, public nuisance and trespassing charges.

Ms Petrie said as well as serving 10 years for manslaughter, Mostyn had also been convicted of armed robbery, assault of a prison officer, stalking, burglary and causing grievous bodily harm.

He was at the moment serving out an eight month jail term, she said.

His barrister Jessica Goldie told the court her client had endured a traumatic childhood from the time he was taken from his heroine addicted mother at just six months to spending time on the streets and in and out of foster homes where he was assaulted.

Mostyn had no memory of the events of this day, she said.

Upon his release from jail, her client intended returning to the Tara area to live with his partner and their six-year-old child and hopefully return to work at the lumber yard, Ms Goldie said.

Judge Jennifer Rosengren said it was difficult not to be sympathetic toward Mostyn given his tragic past.

“It’s a very, very sad and tragic case,” she said.

“I accept you’re sorry for what you have done.”

Judge Rosengren sentenced Mostyn to two years and three months in jail but ordered he be released on parole as of April 26, 2023.