Dylan James Kilshaw, 20, spat on police officer in Mackay safe night precinct

A Qld man ended up spending the night in the watch house after his ‘good intentions’ led to the ‘poor execution’ of spitting on police.

Dylan James Kilshaw was sentenced in the Mackay Magistrates Court on July 24, 2025 for spitting at police officers. Photo: Fergus Gregg

A young Mackay man spent a night in the watch house after he spat at police on a night out.

Dylan James Kilshaw, 20, was celebrating a friends birthday and started drinking six to seven hours before his arrest on the night of December 14, 2024.

Mackay Magistrates Court heard Kilshaw and friends went to the safe night precinct in the CBD and were in line for a nightclub when his friend’s partner was elbowed in the face.

This sparked a fight which defence solicitor Tahnee Wilkinson said Kilshaw was attempting to de-escalate when police arrived.

“Mr Kilshaw instructs me his reaction was a mix of poor judgement, being intoxicated and a belief he was attempting to de escalate and police were mistakenly taking up with his friend rather than the parties at fault,” Ms Wilkinson said.

The court heard he struggled with police physically and then spat in the face of a police officer.

He was arrested and taken to the watch house where he also spat at a watch house officer.

Dylan James Kilshaw was arrested after he spat on a police officer in December 2024. Photo: Fergus Gregg

Kilshaw was charged with two counts of serious assault of a police officer by spitting, assault of police officer, obstruct police and serious assault of watch house officer by spitting.

He pleaded guilty to the charges.

Magistrate Lewis Shillito said the offending was out of character for Kilshaw who has no criminal history.

“You misunderstood police were targeting your friend who had been a victim of a fight before as a potential perpetrator in it,” Mr Shillito said.

“Benevolent intention, very poor execution … a person who is intoxicated as you are is rarely going to improve a situation like that.”

The court heard before Kilshaw was released on bail on December 15, he apologised to the watch house officer.

Mr Shillito said he noted the apology and Kilshaw’s “demonstrably positive work history”.

“I don’t want to send you into jail … but I’m finding it really hard to not do that,” Mr Shillito said.

“You don’t have something for me to hang my hat on.”

Kilshaw was sentenced to nine months imprisonment, wholly suspended for 18 months and ordered to pay $1000 in restitution.

Convictions were recorded.