Man sentenced for spitting

A MAN who spat on a doctor while he was being treated at Cairns Hospital had undergone a “triggering effect” resulting from childhood abuse he had suffered, a Cairns court has heard.

The man, 36, who cannot be named for legal reasons, was homeless at the time. He pleaded guilty to nine offences, including one of serious assault of a public officer (the spitting offence), three failures to appear, one of contravening a domestic violence order, and public nuisance and wilful damage to police property.

The Cairns Magistrates Court was told on February 24 last year the man had been receiving treatment at the hospital when he spat on the female doctor.

Then on June 14 last year he broke into the home of his mother, aged 64, breaching a domestic violence order, and intimidated her with the aim of getting money.

He breached the domestic violence order a second time on October 4 when he left her an abusive voicemail message, the court heard.

Defence counsel David Jenkins

said a psychiatrist’s report had referred to his “difficult upbringing” which provided context for his reaction when treated by doctors.

“He explained that can have a triggering effect for him,” he said.

“That type of offence may not be at the higher end, although it is particularly distressing conduct.

“He has been working through drug addiction for some time.

“He found the most effective way to block out the abuse he has suffered was the use of dangerous drugs. Clearly it adds to the behaviour that makes up his criminal history.”

Mr Jenkins told the court the man was homeless and “wanted somewhere he can lay his head at night”.

Magistrate Bevan Hughes identified the man’s main offences as the breaching of the domestic violence order and the serious assault of the public officer.

“The sentence has to deter you and others from this behaviour, and although it was your mum she is entitled to feel safe in her own home, particularly when she has a court order to protect her,” he said.

“When you entered and threatened her at 2.43am, a time when most people are sleeping, and that is no way to treat your mum.

“The other aspect of the offence is the serious assault of a public officer. You were in the hospital being given medical assistance and while they were attempting to help you, you have taken offence and spat on one of the doctors.

“That attack was gratuitous and unprovoked, and there is community disdain for behaviour that harms those who are trained to help those needing medical help.”

Magistrate Hughes noted the man’s traumatic past.

“I’m not going to revisit that here, but it does help me understand certain aspects of your offending,” he said.

“You were homeless at the time of the offending, and having secure accommodation is fundamental to getting your life together.”

The magistrate told him he would be afforded the support needed to help become a productive member of the community, and sentenced the man to 12-months imprisonment, to be suspended immediately.