A MAGISTRATE rebuked an unemployed man for wearing a beanie in court, telling him to also button up his flannelette shirt before sending him to jail.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Francis Smith wore a beanie, a blue flannelette shirt and checked trousers when he appeared in Armidale Local Court on Monday morning.
He pleaded guilty to six charges, including assaulting a police officer, following a violent arrest after he was found to be drink driving in May.
Before Smith reached the designated offender’s seat, Magistrate Michael Holmes scolded the 27-year-old.
“Take your beanie off your head,” Magistrate Holmes said.
“Do your shirt up.”
Magistrate Holmes advised Smith to undertake a pre-sentence report before his punishment was handed down, but defence solicitor Robert Bucksath said his client wanted to deal with the matters that day.
Smith admitted to resisting arrest when he returned a blood alcohol reading of 0.139.
The court heard Smith said, “let’s see if this little b---h can take me down” before a scuffle with officers.
“Upon being pulled over for a random breath test, this is where things spiralled out of control,” Mr Bucksath said.
“Mr Smith was a very serious handful for police that evening.
“They ended up on the ground in a tussle to get him under control.”
The court heard Smith continued to hassle the arresting officers when he was brought to Armidale Police Station, having charged at officers head-first while in handcuffs.
“He did lash out further … and caused a small laceration to one of the officer’s hands,” Mr Bucksath said.
Mr Bucksath said Smith had developed a problem with alcohol, having taken on the role as a full-time carer for his mother.
“He intended to go to university … however that was about the time when his mother suffered a stroke,” he said.
Reading through the police facts, Magistrate Holmes said Smith had no reason to lash out at officers.
“Why are police having to be subject to this behaviour?” he said.
“I’m very concerned about his behaviour with the police.”
Smith was sentenced to three months imprisonment, and was fined $1500 for his offences.