Man says he has no memory of spitting

A FATHER has no memory of the night he spat in a police officer’s eye and yelled for him to “get out of the f------ car” while drunk.

Brentton Ian Oliver was walking home with his uncle after drinking for hours when two Ayr police officers stopped to speak to them.

Townsville District Court heard Oliver, 41, approached the police car with clenched fists after officers asked him to get off the road.

Oliver told police to “get out of the f------ car” before reaching for the handle to try to get in.

He then tilted his head and spat on the officer, which landed in his eye.

Crown prosecutor Monique Sheppard said when officers tried to detain him, he took a “fighting stance”.

Officers were forced to use capsicum spray to subdue him.

The court heard the Ayr man had a blood alcohol reading of .180 per cent nearly two hours after the offence.

Oliver pleaded guilty to assaulting a police officer and obstructing police. Oliver had first pleaded not guilty and but changed the plea before the case went to trial.

Defence barrister Casey Stone told Judge William

Everson Oliver’s father had died shortly before the offence, and his relationship had ended.

The father of three had been drinking since lunchtime Saturday, and officers stopped him at 2am on Sunday, May 5, 2019.

Mr Stone said his client had no memory of the incident and had later apologised to police when they were washing the capsicum spray out of his eyes.

He said since taking custody of his six-year-old daughter after the break up, Oliver had curbed his drinking and had been drug-free for 10 years. Judge Everson said it was uncommon for people to apologise so soon after the assault.

He said Oliver had an “unflattering” traffic history which showed he had served time in jail for disqualified driving.

“Quite simply spitting in the face of a police officer who was simply going about his duties warrants a deterrent sentence,” he said.

Oliver was sentenced to 40 hours’ community service in addition to nine months in jail. He will be released on parole on November 25.