Pro­ba­tion for public nui­sance

Whitsunday Times - - PROSERPINE MAGISTRATE'S COURT -

A PROSER­PINE man who com­mit­ted a public nui­sance of­fence af­ter drink­ing enough to black-out has been placed on pro­ba­tion for the next 12 months.

Justin Phillip Bax­ter was also banned from all li­censed premises in Proser­pine for one year af­ter plead­ing guilty as charged in court this week.

At 11pm on Fe­bru­ary 6, po­lice were pa­trolling the Proser­pine main street when they no­ticed a dis­tur­bance at the en­trance to the Prince of Wales Ho­tel.

Po­lice pros­e­cu­tor El­iz­a­beth Smith said Bax­ter had been re­fused en­try due to his level of in­tox­i­ca­tion. She said as po­lice ap­proached, he gave them the “mid­dle fin­ger” and an­nounced “you c**ts can get f***ed, I’m go­ing in there”.

The court was told Bax­ter had to be led to the po­lice car where he be­came more ag­gres­sive, at­tempt­ing to kick the pod. Ac­cord­ing to Ms Smith he was re­strained for his own safety and taken to the watch house.

De­fence solic­i­tor Zoe Craven from the Abo­rig­i­nal and Tor­res Strait Is­lan­der Legal Ser­vice (ATSILS) said the 24-year-old had stopped drink­ing af­ter this in­ci­dent and sought pro­fes­sional help.

“[And] he has very lit­tle rec­ol­lec­tion,” she said.

“He be­lieves he drank enough to ba­si­cally have a com­plete black-out.”

Mag­is­trate Haydn St­jern­qvist sug­gested Ash­ton needed to broaden his vo­cab­u­lary and learn to ex­press him­self bet­ter.

“How many times have po­lice been on the end of some di­a­tribe from you in the past?” he asked.

“Many times – I can see that from your his­tory.

“It’s wa­ter off a duck’s back to them – you’re just em­bar­rass­ing your­self.”

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