Bundaberg Court House
Bundaberg Court House Brian Cassidy

Man on brain tumour drugs, booze kicks cop in arrest-struggle

A BUNDABERG man who kicked a police officer while being forced into a paddy wagon has been sentenced to three months in prison.

Michael James Davies, 27, on Thursday pleaded guilty in Bundaberg Magistrates Court to assaulting and obstructing police and driving on a suspended licence.

On March 21, officers were walking the father of two to a police vehicle when a struggle began. Magistrate Belinda Merrin was told police had attended the Moore Park Beach address on unrelated matters.

As he was escorted, Davies pulled away from officers and yelled he'd done nothing wrong. Police then tried to force him inside the vehicle by pushing him through the paddy wagon doorway. In response, Davies kicked one of the officers hard in the chest.

Police released capsicum spray on Davies to subdue him.

As a result, the Queensland Ambulance Service was called and treated Davies at the watch-house.

A few months later, the 27-year-old was pulled over on Murdoch Rd, where he was caught on a suspended licence.

Defence lawyer Rian Dwyer told the court his client was drunk at the time of the assault and had also been adversely affected by Panadeine Forte and other prescribed medications.

He said Davies had been diagnosed with a brain tumour about one year ago and also suffered from post-traumatic stress disorder.

Because his history included similar offences for which he had been sentenced to imprisonment, Ms Merrin said a jail term was the "only appropriate order".

Davies was sentenced to three months' prison for assault and one month for obstruction, both suspended for nine months.

He was also fined $400, given community service and disqualified from driving for two years.

Convictions were recorded.