Prisoner spat from prison van on to two cops

DOUGLAS Wayne Gibbs had shown absolute contempt for the authority of police culminating in the "ultimate indignity" of spitting on two officers, a Toowoomba magistrate found.

Gibbs, 29, appeared before Toowoomba Magistrates Court by video link to the prison to plead guilty to a number of offences, including four counts of obstructing police, two counts of serious assault of police (spitting), and 20 counts of failing to report to police as required while on bail.

Police prosecutor Sergeant Mike Robinson said Gibbs was being moved from the Toowoomba watch house to a prison van on the morning of September 20, last year, when he kicked closed the van door.

He had then verbally abused and struggled with police who eventually loaded him into the van.

However, as Gibbs was being placed inside the vehicle, he had turned and spat on the head and arms of a senior constable and on the arms of the constable assisting him, Sgt Robinson said.

Two weeks before that, Gibbs had been stopped by police and found to have a clip sealed bag containing 0.01g of crystals believed by police to be methylamphetamine.

He repeatedly gave the false name of "Peter Gibbs" until eventually giving his true details at the watch house.

Asked why he had given a false name, Gibbs said all police were racist which was why he wouldn't co-operate with them, Sgt Robinson said.

Gibbs had on December 28 run from police when approached in the yard of a Cunnamulla home and on December 28 had driven away from a police random breath testing unit in Toowoomba after swearing at police.

His solicitor Dan Habermann told the court his client had issues with methamphetamine which prompted his poor behaviour.

"It's (the drug) everywhere and causing a lot of problems in the community," Mr Habermann submitted.

Magistrate Damian Carroll said Gibbs had shown nothing but contempt for police.

"He's shown absolute contempt for their authority, running away, driving away, struggling with them, and showing the ultimate indignity in spitting on them," he said.

Declaring 131 days of pre-sentence custody as time served under the sentenced, Mr Carroll sentenced Gibbs to 12 months in jail but ordered he be released on parole immediately.


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