Man cops $550 fine for almost lighting a smoke

ATTEMPTING to smoke a cigarette has cost a Hervey Bay man $550.

And he did not even get to light the smoke.

Daniel Rodney Sellars pleaded guilty in Hervey Bay Magistrates Court on Thursday morning to obstructing police.

Police prosecutor Sergeant Michael Quirk said during a search of a Robert St, Torquay home police repeatedly told Sellars he was not allowed to smoke his cigarette while the search was being conducted.

He said police repeatedly explained that once the warrant was started the area became a police workplace and therefore Sellars could not smoke.

"He said, 'I don't give a f***, it's not my house'," Sgt Quirk said.

Sgt Quirk said Sellars yet again tried to light a cigarette and was told by police not to.

Sellars then attempted to use his personal computer and police told him he could not do that.

He said when Sellars refused to stop using the computer, police informed him he was detained and placed him under arrest.

Defence lawyer John Milburn said Sellars suffered from anxiety and a number of health issues arising from a severe accident when he was younger.

Magistrate Graeme Tatnell said he agreed Sellars had a number of odds to overcome but he could not break the law.

"Just sit down and count to ten the next time," he said.

Mr Tatnell fined Sellars $550.



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