IN COURT: Jacob Patrick Smith, leaving Hervey Bay Magistrates Court in 2017. Picture: Annie Perets
IN COURT: Jacob Patrick Smith, leaving Hervey Bay Magistrates Court in 2017. Picture: Annie Perets

Young man screams rape in drunken tantrum with police

A CIVIL construction worker screamed rape at the top of his lungs during a drunken tantrum where he obstructed police after a night out in Dalby.

Hervey Bay man Jacob Patrick Smith drove from the Fraser Coast to face charges of public nuisance in a licensed premises, and obstructing police while adversely affected.

Dalby Magistrates Court heard of the alcohol fuelled night this year about 11pm, when police attended the Russell Tavern in relation to a disturbance.

Police prosecutor senior constable Jodie Tahana said they were told about a group of people fighting in Bell Park across the road.

The court heard police saw two men and a woman trying to restrain Smith, with one of the men telling police that Smith was “hurting from too much drink”.

“The defendant became agitated and attempted to run from police towards the train tracks,” senior constable Tahana said.

“Police held concerns for his physical and mental wellbeing, and restrained the defendant.

“As police restrained the defendant, his friends have attempted to calm him down.”

Dalby Magistrates Court. Picture: File
Dalby Magistrates Court. Picture: File

Smith was arrested on the spot for being drunk in a public place, which agitated him further.

He stated to police that he didn’t “give a f– k” what they had to say, however they allowed Smith to speak to his dad on loud speaker in an attempt to calm him down.

The defendant then stated to police “are you going to f– k off or what”, and referred to them as “f---wit c–ts”.

Senior constable Tahana said he was escorted to an undercover area in the park in an attempt to establish what had happened earlier in the evening.

They tried to speak to him, however he continued to be unreasonable, leaving them with no other choice but to take him to the Dalby police station.

“He then became more uncooperative, and attempted to run again from police, and tried to grip the pole in the undercover area to stop police from moving him,” senior constable Tahana said.

“He continued to resist against police and was placed on the ground and handcuffed, and then began to scream rape multiple times.”

Smith was escorted to a police vehicle, and then transported to the watch house.

Duty lawyer Jessica Hine said the 22-year-old admits he was “drunk and stupid” and was very embarrassed by the events.

She said Smith had recently turned to drinking after the death of two of his grandparents, with a third now in a coma.

“He was very close to them and he was drinking to deal with it,” Ms Hine said.


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“He is extremely remorseful in his words, and he knows it was stupid.”

She cited his previous offence back in 2017, and asked if a fine would be in range for his offences.

Magistrate Tracy Mossop said Smith was someone who should not be drinking if he can’t do it in moderation.

“Not everybody can actually tolerate alcohol and manage their behaviour, a lot of people can, but not everybody,” she said.

“You clearly are in that category where you can’t, because this is the third time you’ve been to court.

“Those occasions it involved drugs, this time you behaved appallingly in public with police, and this time it seems to be involved alcohol.”

Magistrate Mossop told Smith he shouldn’t engage in substance misuse at all, saying he “wasn’t someone who can handle it”.

“The conduct, the language, was absolutely appalling,” she said.

“I hope you are ashamed and embarrassed, but it does seem that the duty lawyer said you were remorseful for your conduct.”

Smith pleaded guilty and was sentenced to 100 hours of unpaid community service for both offences.

Convictions weren’t recorded.

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