Birthday takes the cake after drunken night out

A SYDNEY man celebrating a friend’s birthday spent several hours in a watchhouse after he struck a stranger, and allegedly spat on a woman during a drunken night out.

Joshua Michael Silveira, 21, was heavily intoxicated when he approached a man and a woman sitting on a bench in Orchid Avenue, Surfers Paradise, near Hollywood Showgirls, about 1.30am on December 16.

The court was told he was “waving his hands and behaving erratically”.

Vision played to the court appears to show a man trying to block Silveira from the strangers.

But Silveira was “unstoppable”.

The court was told Silveira, who was visiting from Sydney, had been drinking while celebrating a friend’s birthday.

Silveira, who was not charged with any assault offence, pleaded guilty in Southport Magistrates Court to public nuisance within the vicinity of licenced premises.

Magistrate Pamela Dowse labelled the offending as “disgusting, degrading and unacceptable” and fined him $2000.

Prosecutor Sergeant Reece Foort said vision appeared to show Silveira striking the sitting man to the side of the head, while it’s also alleged he spat on the woman. He then fled to Peninsula Apartments where he was arrested.

Sgt Foort said had it not been for the difficulty police had in finding the victims further charges could have been laid.

Silveira’s defence, who appeared in court via phone, highlighted that he had not been charged with assault.

His lawyer argued the offence was “out of character” and a mistake and as a result Silveira spent time in the watchhouse. No conviction was recorded.

TWO new magistrates will start at Southport Magistrates Court next week.

Grace Kahlert and Kathleen Payne will commence