Suspended sentence for public nuisance offence
A 24-YEAR-OLD Mackay man involved in a one-punch style incident on the main street of Airlie Beach has been placed on a suspended sentence for the next 12 months.
Brayden Allan Cook appeared in the Proserpine Magistrate’s Court on Monday, charged with committing a public nuisance offence, possessing dangerous drugs and obstructing police.
At 3.50am on July 17, Cook was found, bleeding from the head, in the McDonald’s restaurant of Airlie Beach.
He was identified by witnesses who said he had punched a French tourist in the head outside the pie shop further up the street.
Witnesses told police the tourist was knocked out but regained consciousness and walked away.
Cook was arrested and transported to the watch house where he was searched. A bag containing 0.6g of cannabis was found in the front pocket of his jeans.
Police prosecutor Elizabeth Smith said Cook had already been treated by paramedics but his head wound was still bleeding, hence the decision was made to call an ambulance and transport him to hospital for further medical assistance.
According to Ms Smith, Cook didn’t want to go to hospital, reluctantly walking to the ambulance and placing himself in the paramedic’s seat, from which he refused to move.
She said he struggled with police who were forced to break his grasp on items in the ambulance.
He was eventually physically moved to the stretcher and strapped in.
In court on Monday, Cook, who manages a bar in Mackay, said he was now seeking counselling for alcohol abuse.
Magistrate Haydn Stjernqvist said this was one of the more serious types of public nuisance offence, involving drunken and gratuitous violence.
He referred to the slogan “one punch can kill” and said deterrents for this kind of offending were paramount.
For the offences of possessing drugs and obstructing police, Cook was fined $660 on each count.
For the public nuisance offence he was sentenced to four months imprisonment, wholly and immediately suspended for an operational period of 12 months.