Brian John Darby pleads guilty to police assault

A serial pest with a criminal history spanning more than 25 years threatened and spat at police who responded following reports a duo were threatening each other with knives.

Brian John Darby pleaded guilty to assault and obstruct police, contravene a requirement of police and breaching probation.

A serial pest threatened to bite an officer’s “c--k off” before spitting at police after crews responded to a domestic disturbance following reports a duo were threatening each other with knives, a court heard.

Mackay Magistrates Court heard Brian John Darby, 47, had a criminal history for anti-social behaviour spanning more than 25 years with the most recent offending occurring on October 17, 2023.

Prosecutor Leonie Taufa’ao told the court when officers arrived about 10.30pm following reports of an escalating domestic disturbance, the Mackay father used “loud and threatening offensive language towards police”.

The court heard his threats and aggressive behaviour to officers escalated and he refused to give police his name.

He was arrested for failing to comply with a formal requirement and his aggressive, abusive and threatening behaviour continued including telling officers “you white dog c--t, I’ll bite your c--k off” and “come closer c--t and see”.

Brian John Darby plead guilty in Mackay Magistrates Court. Picture: Facebook

Ms Taufa’ao said Darby obstructed officers as they were walking him to the police vehicle including dropping his body to the ground to try and pull away.

During a pat down search Darby spat in the direction of the officers.

He pleaded guilty to assault and obstruct police, contravene a requirement of police and breaching probation.

ATSILS defence solicitor Geoff Govey said since this offending in October 2023 “a lot of things have changed”, which he credited to his client who spent 2.5 months at a rehab centre in Townsville.

However Magistrate Bronwyn Hartigan highlighted that a report tendered in court said Darby had “no insight into how his alcoholism is affecting his life and the life of others”, which she said “seemed to fly in the face” of several letters in Darby’s favour.

Mr Govey said his client was “very motivated” to remain sober.

Ms Hartigan said her real concern was the assault police charge because Darby had two entries on his criminal history involving either spitting or biting at police.

“I just feel that he needs some personal deterrence hanging over his heard because he is worried about going back to jail, rightly so,” Ms Hartigan said.

“His history is appalling.”

Darby was jailed for three months to be suspended for 12 months and convictions were recorded.

He was also fined $700.