Maryborough Hospital. Photo: Alistair Brightman
Maryborough Hospital. Photo: Alistair Brightman

Man sentenced for public urination, hand sanitiser theft

A YEAR before people all over the country were desperately buying up hand sanitiser, one Hervey Bay man appeared to already be stocking up on the product.

Byron John Smart stole two small bottles of hand sanitiser each worth about $10 each in June last year.

Hervey Bay Magistrates Court heard Smart took the bottles off the shelf of a Maryborough cafe and put them down his pants.

He then asked for a free glass of water, which he drank and then left the store with the items still in his pants.

The incident was caught on CCTV.

Smart also pleaded guilty to public nuisance and urinating in public.

The court heard the 46-year-old was found sleeping on the Maryborough Base Hospital grounds.

Staff asked Smart to take his belongings and leave, but he refused.

He then started to walk away and as staff followed him around the corner of the building, he urinated on the concrete.

Smart’s defence lawyer said he had a 12-year-old son in Melbourne who he had regular contact with.

The court heard he had worked as a landscape gardener until 2014 when he had a workplace injury.

Since then he has been unable to work and fell into alcohol addiction.

He now attends Bayside Transformations to deal with those issues.

Acting Hervey Bay Magistrate Trinity McGarvie said she would have issued a term of imprisonment if Smart had not enrolled in the program.

“Given the steps he has taken, I minded to impose fines,” she said.

“Your history of this type of offending is troubling and your history since 2014 does not recommend you.

“It indicates that you have limited prospects of rehabilitation, but for this step you seem to have taken.

“You have repeatedly engaged in behaviour that is of nuisance to the entire community.”

For the stealing offence he was convicted and not further punished after consideration of a pervious court date that dealt with similar charges around that time.

For the public nuisance offence he was fined $550.

For public urination he was fined $550.

All convictions were recorded.



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