Kane Patrick Smyth sentenced at Dalby Magistrates Court after spitting at a Western Downs officer during a violent arrest

Just six months after two officers were ambushed and shot dead at a Western Downs property, a man spat in a policeman’s face and said Tara police were “killed because they were sh-t” during a violent arrest.

Kane Patrick Smyth, 21, was sentenced at Dalby Magistrates Court after he spat at a Western Downs police officer's face. Picture: Facebook

A man who drunkenly berated police in an attempt to “provoke” them during a violent and aggressive arrest has been sentenced for spitting in the face of one of the officers during the disturbing ordeal.

Kane Patrick Smyth appeared by videolink at Dalby Magistrates Court on June 29 where he faced a string of offences, including seriously assaulting two Western Downs police officers.

The court was told on June 11 Tara police received a call from the 21-year-old’s mother after he and his brother got into a verbal argument, and she was afraid it would escalate further.

Police prosecutor Chris Hutchins said initially the brothers had calmed down before Smyth began yelling at the police officers, telling them not to touch his brother due to a heart problem and shouted that he would break the officer’s jaw.

“(Smyth) said ‘Tara police have always been sh-t and they were shot and killed because they were sh-t’ to provoke them,” Sergeant Hutchins said.

The sickening comment came six months after two Tara officers were slain during an ambush at a Wieambilla property.

“He was detained and handcuffs were applied to the front of his body to restrict movement,” Sergeant Hutchins said.

The court was told Smyth tried to walk away from officers but was then moved to lie on the ground facing upwards.

“He accumulated saliva before spitting at (the officer), with spit landing on the side of his face,” Sergeant Hutchins said.

The court was told that spit didn’t land in the mouth or eyes.

Smyth was also charged with wilful damage as it was reported in court that while being driven to the Toowoomba watch-house the man destroyed the police vehicle’s door by pulling the plastic trimming off it.

Defence lawyer Julia Molloy said her client had turned to drug use following the death of his best friend and former roommate Jesse Madden, who was involved in a horrific car accident in 2022 that saw a car slam into a power pole on D’Aguilar Highway between Kingaroy and Nanango.

Ms Molloy said her client couldn’t recall the night he spat on an officer’s face due to being heavily intoxicated, and could not remember making the disrespectful remarks to police officers.

“He has no recollection of saying that and is very remorseful, it’s not at all his belief,” she said.

Magistrate Kyna Morice explained the severity of spitting at someone’s face, after a disease test was finalised to ensure that Smyth hadn’t infected the officer.

“Spitting offences carry high penalties because of the risk of disease transmission,” she said.

“(Police) have to change their life for six months to make sure they don’t pass the disease onto anyone else.”

Ms Morice took into consideration the man’s plans of rehabilitation and declared 18 days of custody as time served.

Smyth pleaded guilty to two counts of serious assault of a police officer, one count of obstruction and wilful damage.

The man, who broke down in tears as the magistrate spoke, was sentenced to three months’ jail suspended for an operational period of nine months.