A Mackay father spat in his ex partner’s face during an argument.
A Mackay father spat in his ex partner’s face during an argument.

‘Dirty, stinking, dingo act’: Father spits in ex’s face

A YOUNG Mackay father cocked back his head and spat in his former partner's face during an argument about home security.

But age, a good work ethic and minimal history allowed him to sidestep a prison term.

"This is just a dirty, grubby, filthy act," Magistrate Damien Dwyer said, warning the 23 year old he faced up to five years jail.

"Just a dirty, stinking, dingo act."

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Mackay Magistrates Court heard the pair, who had a 10-month-old son, had been in a troubled relationship for some time with a domestic violence order made in March this year.

On June 13 he had been sinking booze with workmates from 3pm when, about 1am the following morning, the victim had phoned multiple times.

The court heard just the day before they had decided not to fix their relationship but when he answered the third or fourth call she mentioned self-harm so he agreed to go over to her North Mackay home.

The pair watched a movie but soon began to argue about the safety of the window security screen on the home "which got out of hand".


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The man, who cannot be named for legal reasons, was standing in front of her when he cocked his head back and spat in her face.

He pleaded guilty to breaching a domestic violence order.

"He instructs me that he is extremely regretful and remorseful for the decisions that he made that evening," defence solicitor Jordana Abela, of McKays Solicitors, said.

The father now attends one-on-one counselling, but Mr Dwyer questioned whether he was "fair dinkum" about the treatment because he had failed to attend some sessions.

"Why did he stop for two months?" Mr Dwyer asked.

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Ms Abela said he had become extremely withdrawn and was not willing to talk to anyone at that point but had since realised he needed to address his issues. She also mentioned his good work history.

"95% of people that come before me for domestic violence matters have an excellent work ethic, all their bosses, all their mates think they're the greatest thing since sliced bread," Mr Dwyer said.

"It's just the partners don't think that because they're the ones getting spat at."

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Mr Dwyer said a spitting case against a cop would land a person in jail.

"Why should it be any different with a spouse?" he asked, before adding "because there's not that contempt of the authority".

"As the authorities say it's premeditated, it's degrading and it's intended to be degrading.

But because of the man's young age and otherwise minimal history he was fined $3150 and convictions were not recorded.

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