May 29, 2014
A 17-year-old youth who was sentenced to jail in Murgon Court on Wednesday, was back in Kingaroy Court today after he spat on a police officer on his way back to the cells.
Phoenix Aubrey, from Murgon, sat in the dock quietly, occasionally wiping a tear from his eye and holding his head in his hands.
This was in complete contrast to his behaviour yesterday at Murgon after Magistrate Mark Bucknall sentenced him to a short jail term “as a wake-up call”.
Aubrey had been sentenced to three months jail, with a parole release date of June 27, ie he would have served just one month in jail, for offences he committed as a juvenile.
However, he reacted badly to the sentence, bolting away and struggling with police.
Police Prosecutor Sgt Wayne Bushell said Aubrey had struggled violently, became abusive, spat on the watch house officer, and threw himself on the floor as police tried to take him back to the cells.
Solicitor Mark Oliver, for Aubrey, said his client had just wanted to hug his mother, who was in the public gallery of the courtroom.
But Magistrate Bucknall interrupted, saying: “That’s not what I observed with my own two eyes. I saw him trying to escape. He made a beeline for door …. I had a full panoramic vision and I know what I saw. He was trying to escape.”
Mr Bucknall said Aubrey had appeared to be in a “state of shock” and had obviously not expected that he was going to jail.
Mr Oliver said Aubrey was deeply remorseful for his actions and believed he had let down his family, especially his mother.
Aubrey admitted spitting in the direction of the police officer and wanted to apologise to him.
Spittle landed on the officer’s cheek and the side of his head, but he would not require a disease test, Mr Oliver said.
Aubrey pleaded guilty to assaulting police and obstructing police.
“I understand people react in different ways. Fight or flight kicked in and you decided to have a shot to get out of there,” Mr Bucknall said.
He said he had intended the jail sentence as “a wake up call”.
“What happened after that is simply deplorable. There can be no justification for spitting on a police officer. It’s an abhorrent event,” he said.
Mr Bucknall said it was an offence which must lead to jail with actual time served.
Aubrey was sentenced to two months jail for obstructing police, and four months jail for the assault, to be served concurrently.
Mr Bucknall told Aubrey police had been lenient by not charging him with attempting to escape from lawful custody.
However because Aubrey was technically a prisoner at the time the latest offences occurred, the new sentences must be served cumulatively to the initial sentence.
He fixed a new parole eligibility date of July 11.
