David Valentine Berry pleads guilty to public nuisance, assaulting police

Drunk and blood-soaked after falling through a table, a tradie made sexual comments towards a paramedic and hospital staff, hurled racial abuse at doctors and ran through traffic.

David Berry made sexual comments to a paramedic on duty.

Covered in blood after falling through a glass table while drunk, David Valentine Berry needed stitches in his hand.

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But when paramedics came to offer him help, he took the opportunity to make sexually explicit comments towards a female ambulance officer.

On Monday, Bundaberg Magistrates Court heard how Berry had been at a George St backpackers in Bundaberg on April 26, 2022, when police arrived around 6pm, originally believing there had been a fight.

It became apparent that a highly agitated Berry had been injured by his own drunkenness and paramedics were called in.

Ambulance officers called for police to provide back-up after realising Berry, who by then had made what the court heard were “sexually explicit” comments to a female ambulance officer, would need to go to hospital.

Berry, 42, refused treatment and ran from the scene, eventually ending up on Takalvan St where he started to run in traffic, hitting moving vehicles with his hand.

When police eventually caught up with Berry in a car yard, he kicked both the police officers who had been tasked with taking him to hospital.

The court heard Berry smelled strongly of alcohol and had bloodshot eyes, having started drinking at 8am that day.

Bundaberg Court House.

When he was eventually taken to Bundaberg Hospital for stitches, Berry swore at other patients, made sexual comments to female staff and hurled racial abuse at doctors.

Berry’s lawyer Thomas Bray said his client living in Gympie and working as a tradie.

While Berry had consumed a “significant” amount of alcohol at the time, he did not have an issue with alcohol, the court heard.

Mr Bray said Berry, who had a limited criminal history, had not committed any offences since.

Magistrate Edwina Rowan said it appeared Berry had been “so intoxicated he didn’t know he was putting himself in harm’s way” and reminded him that police and ambulance officers are not “punching bags”.

Berry pleaded guilty to one count each of failing to appear, committing public nuisance and conduct causing a public nuisance as well as two counts of assaulting a police officer while adversely affected in a public place.

For failing to appear, he was convicted and fined $200, referred to SPER.

He received six months’ probation for his public nuisance offence, and 40 hours’ community service for each charge of assaulting a police officer.

He was convicted and not further punished for the offence of conduct causing a public nuisance.