Man, 37, fined $1000 for kicking police officer in the face
A MAN who woke up in handcuffs after kicking a police officer in the face has managed to avoid a conviction after pleading guilty in Hervey Bay Magistrates Court.
Alexander Robert Selby, 37, was charged with four offences after the incident, which occurred on the Esplanade in Torquay on March 9.
Police prosecutor Senior Constable Nicole Kunkel said officers attended a traffic crash about 1.50am, when Selby approached on foot and made a nuisance of himself.
After the officers twice told him to leave only to be met with abuse, Selby was arrested for public nuisance.
At this point, he resisted arrest and eventually kicked one of the officers in the face, Snr Const Kunkel said.
Selby was highly intoxicated, she said.
Selby's solicitor John Milburn said his client was so drunk he had no recollection of the night, and only remembered waking up the next morning in handcuffs.
Mr Milburn asked for no conviction to be recorded against his client, due to the impact this might have on Selby's ability to find work.
Magistrate Graeme Tatnell agreed, noting Selby's co-operation with the police the day after the incident and his remorse.
Selby was fined $1000 with no conviction recorded.
A spokesman for Police Minister Jack Dempsey said all assaults on police officers were serious. "The police service looks at all these types of judgments and can consider appeals when the circumstances warrant it."