Man spat at police officer

Suspended sentence for attack

A MAN has been sentenced to four months’ prison and had his behaviour slammed as “despicable” after assaulting a 17-year-old girl and spitting at a police officer.

Daniel Graham Nicholls pleaded guilty in Townsville Magistrates Court to common assault, obstruct police officer, obstruct watch house officer and serious assault – spit.

Police prosecutor Subarna Raut said Nicholls went to the young victim’s house around 9.45pm on February 17 this year in an intoxicated state.

While there Nicholls placed his arm around the neck of a 17-year-old girl who didn’t feel comfortable, she asked Nicholls to move his arm.

Nicholls became angry and shunted the girl with his hip before tossing her to the ground with his right arm.

“The child sustained discomfort from the fall,” Mr Raut said.

Nicholls began screaming that he would bash the girl, smash up the house and would stab everyone inside.

Police were called.

Nicholls spat towards the face of an officer, who managed to move away in time.

Mr Raut said police transported Nicholls to a padded cell for his own safety.

“It’s simply despicable that at a time when the officers are acting for the defendant that they are treated in this manner,” he said.

“The act of spitting is a disgusting thing.

“His conduct overall.”

Defence lawyer Morgan Whelan said her client was raised in Townsville and attended Kirwan State High School before moving to Brisbane.

Nicholls worked as a supervisor in the transport industry down south before returning to Townsville a year and a half ago to address mental health issues.

Miss Whelan said her client suffered from depression and anxiety. is deplorable

She said the night of the incident was the two-year anniversary of the death of Nicholls’ best friend.

He had been attending therapy every fortnight to help him deal with the loss but had stopped during the time of the incident.

“He’d consumed far too much alcohol, and coupled with his emotional state led him to act the way that he has,” Miss Whelan said.

Miss Whelan said her client didn’t recall what happened on the evening and that he “had snapped and gone into a state” when police arrived.

She said Nicholls was very apologetic for the incident and had since stopped drinking alcohol.

In sentencing Magistrate Ken Taylor said Nicholls’ “conduct is quite despicable”.

Nicholls was sentenced to three months jail wholly suspended for six months for obstruct police and one month jail wholly suspended for two months for common assault.

Convictions were recorded.