Brian John Darby pleads guilty to being a public nuisance, ignoring police request

A wannabe landscaper drunkenly abused a Queensland council worker over his gardening skills before giving police a bizarre fake name.

A wannabe landscaper called himself “sex on the beach” after abusing Mackay council workers trimming a hedge.

Brian John Darby was so aggressive and arguing with the workers, who were performing duties in the Mackay city centre about 6am one morning earlier this year, one of the men had to hold up his gardening tool as a defence.

Mackay Magistrates Court heard the father of four had been walking home and was heavily intoxicated when he came across council workers and told them he could “do a better job” on the hedges.

The court heard the 46 year old became aggressive towards a council worker, took off his shirt and threw it and his phone on the ground.

“(He’s) kicked and pulled at a hedge that a council worker was working on,” Sergeant Linden Pollard told the court.

As a result, a council worker “resorted to holding up his garden tool in front of him to stop (Darby) from approaching”.

The court heard Darby then kicked the hedge again, falling over in the process before swearing at the workers including words like “f--k” and “c--t”.

He then walked across the road, picked up a drain cover and threw it before entering 9th Lane, which is where police found him - he told officers to “f--k off”.

The court heard officers asked for his full name multiple times.

“He has then stated his name as being sex on the beach,” Sergeant Pollard said.

Darby told police his name was ‘sex on the beach’.

Darby, who has a seven-page criminal history and has previously served time behind bars, pleaded guilty to being a public nuisance and contravening a police direction.

Defence solicitor Paul Broughton said his client had accepted he had issues with alcohol abuse - as a result he had attended rehabilitation and had another stint in three-weeks.

Acting Magistrate Athol Kennedy accepted Darby was doing something about his alcohol abuse.

Mr Broughton said Darby was about to start a new job and had obtained his ABN with a plan to start his own lawn mowing and landscaping business.

“I asked him how he would like it if someone came up and told him they would do a better job and started mouthing off,” Mr Broughton said.

“(He) appreciates what he did was wrong.”

He was placed on a $300 six-month good behaviour bond. Convictions were recorded.