News

35-year-old walks free after spitting at officer

Kerri Moore

TROY Anthony Kirby has walked free after spitting blood and mucus in a police officer's face and head-butting another in the head at the Hervey Bay Hospital.

Kirby pleaded guilty in Maryborough District Court to four counts of serious assault in relation to a disturbance at the hospital on July 11.

The Fraser Coast man, 35, has a significant criminal history which includes other violent outbursts and assaults against police officers.

The court heard police were called after Kirby was found lying in a Hervey Bay park calling for help.

Police then took Kirby to Hervey Bay Hospital in order for him to receive treatment.

It was there he lashed out at police, first head-butting one officer so hard he caused a cut just above his eye before spitting blood and mucus at a second officer.

Crown prosecutor Jessica Eldridge said the officer who was head-butted has been left with a small, raised scar.

"Frontline staff such as hospital and police workers have the right to go about their business without fear," she said.

Defence barrister Paul Rutledge said Kirby was trying to deal with drug and alcohol problems and had been going to courses while in prison.

Mr Rutledge said Kirby was also dealing with mental health problems.

Kirby had spent the previous four-and-a-half months in prisons, a majority of which was on a return to prison warrant.

The court heard 30 days of that time was declarable at pre-sentence custody for the assault on police.

Judge Michael Noud said in his sentencing remarks that "generally speaking" an assault of police was a serious matter which would attract prison time.

"I am taking something of a risk with you," he said.

Mr Noud sentenced Kirby to two years prison for the spitting which was wholly suspended. Kirby was also sentenced to two years probation for the head-butting.

Topics:  maryborough district court




Tinana interchange upgrade now underway

Member for Maryborough and Federal member for Wide Bay Llew O'Brien at the site of the Tinana interchange upgrade.

THE project to upgrade the Tinana interchange is now underway.

Latest deals and offers

Matt Damon is taking a break from acting

Matt Damon is taking a break to spend time with his family

Police foiled terrifying 1m plot to kidnap Katie Price

Police foiled a £1 million plot to kidnap Katie Price and her family

Kristen Bell's baby confession

Kristen Bell once pretended to be asleep when her baby woke up early

Babylon 5's Jerry Doyle has died

Jerry Doyle has died from unknown causes at the age of 60

Mum driver heroically ignores hilarious lip-syncing son

Hilarious moves while Mum concentrates on the road.

IF IT takes a village to raise a child, why aren't they driving?

Twitter adds dancing David Brent emoji

Ricky Gervais's character has its own emoji now

You can own this Queensland town for just $1

Yelarbon

Unprecedented auction of town's business centre with no reserve

Work starts on $15M Caloundra apartment building

Turning the first sod at the Aqua View Apartments site in Kings Beach are (from left) husband-and-wife developers Alex Yuan and Stella Sun with construction company Tomkins director Mike Tomkins and Councillor Tim Dwyer.

Developers excited about addition to Kings Beach skyline

72-year-old Coast developer set to start new project

GREEN LIGHT: The Cosmopolitan has been approved for development at Cotton Tree.

Meet the Canberran set to deliver another chapter for Coast suburb

Plans revealed for 1500-lot 'master-planned community'

Precinct will be bounded by Boundary St and Shoesmith Rd

Ecco Ripley sales run sparks prime release

MOVING IN: Sekisui House has announced the release of more residential blocks at Ecco Ripley.

Sekisui House is preparing to unveil more land at Ecco Ripley

The climb is slow but property on the way up

Michael Matusik, director of Matusik Property Insights.Photo Allan Reinikka / The Morning Bulletin

The improvement would be mild when compared to past cycles