No prison for punch at cabbie

A MAN who threw punches at a taxi driver has avoided jail.

Thomas Darcy Poinga Kelland, 24, pleaded guilty in Townsville Magistrates Court yesterday to common assault after the February 3 incident.

Prosecutor Mark Fenlon told the court Kelland and another man hailed a taxi on Ingham Rd about midnight.

On the way to Garbutt, Kelland, who was in the back of the taxi, said he wanted to spit.

“While the taxi was still in motion, the defendant stood up, opened the sliding door, the victim has braked, thinking the defendant was going to fall out of the moving taxi,” he said.

“This caused the defendant to lose his balance, fall over into the rear- facing bench seat. This upset the defendant, who began abusing the victim, saying words to the effect of ‘ what the f--- do you think you’re doing’ and calling the victim a ‘ f--- ing idiot’.

“The defendant has started punching the victim across the bench seat.”

The court was told Kelland threw four punches at the driver, with one hitting his arm.

Kelland then got out of the taxi and started punching the vehicle before it drove off.

The court was told Kelland was intoxicated at the time.

Mr Fenlon said the taxi was not damaged in the incident.

Kelland told the court he worked on a cattle station and had not drunk since the night.

Kelland was given a twomonth jail sentence, wholly suspended for 15 months.

Magistrate Howard Osbourne said if Kelland committed any offences during the coming 15 months, he would end up in jail.

“You just can’t come into town, get drunk and let loose,” he said.