Adelaide McDonald’s spitter Mia Miller’s plea over viral video

The lawyer for a teenager who attacked Adelaide McDonald’s staff while on a Xanax bender has made a last-ditch plea for mercy as new laws come into force.

A teenager on a drug bender who went viral for a foul assault on McDonald’s staff should not be “the lightning rod” for harsh new penalties protecting hospitality workers, a court has heard.

On Thursday, counsel for Mia Miller amended their plea for mercy, conceding she should be convicted and serve a good behaviour bond – while performing community service – for her crimes.

However, lawyer Alexander De Ionno asked Miller be spared the maximum seven-year prison term under new laws created just before her offending.

“She is willing to perform community service and we ask this be dealt with by bond, not imprisonment,” he said.

“She has no history with the criminal justice system whatsoever, we believe imprisonment is unwarranted.

A screenshot of Mia Miller at McDonald’s in Hindley Street. Picture: Supplied

Miller outside court. Picture: NCA NewsWire / David Mariuz

“We ask she not be the lightning rod to set the precedent for the future.”

Magistrate Michael Barnett said that request posed difficulties.

“Her charges were among the first that prosecutors brought under the amendments designed to protect retail workers from this exact sort of behaviour,” he said.

“Whether or not Miller is the person who experiences the deterrent effect (of this legislation) first is something I’ll need to consider.”

Miller, 19, of Port Noarlunga, pleaded guilty to two aggravated counts of assault, two counts of committing prohibited acts with bodily fluid, and one count of disorderly conduct.

In October 22, just after her 18th birthday, she spat on, threw drinks at and repeatedly punched two McDonald’s workers while on a Xanax “bender”.

She also tried to strike one of the men with a chair, and sought to antagonise them both by screaming “hit me back” and “let’s f---ing go, c--t”.

Miller’s offending was recorded by patrons and went viral on social media, prompting her to appear on TV and apologise – which she claims should spare her a seven-year jail term.

At that time, Mr Barnett expressed concern that supposed apology included aspects of “victim blaming”.

On Thursday, Mr De Ionno said his client had now drafted a formal apology and provided it to the court.

Her televised interview, he said, “should be put down to the juvenile mind”.

Prosecutors said Miller should be sentenced to a term of imprisonment, but said they would not oppose it being suspended.

Mr Barnett remanded Miller on continuing bail for sentencing next month.