Alcoholic pensioner Trevor Ian Wood pleads guilty to three counts of assaulting police

A 70-year-old Rockhampton man, who drinks 11 glasses of wine every day, was told: “It is disgusting. And I’m sure, that if those officers had spat on you, you would have been complaining” after he spat on a police officer trying to help him.

Trevor Ian Wood, 70, leaves Rockhampton Courthouse on February 4, 2022.

An alcoholic Rockhampton pensioner has narrowly escaped being sent to prison to serve actual jail time after he spat on a police officer.

Trevor Ian Wood, 70, pleaded guilty in Rockhampton Magistrates Court on February 4 to three counts of assaulting police.

The court heard that on February 13, 2021, at 8.30pm, Wood was at his North Rockhampton residence when police were called there to assist Queensland Ambulance Service officers because Wood had made threats of suicide.

The prosecution said that after arriving, police officers spoke to Wood through his locked, screen door.

Wood appeared intoxicated, referred to police as “w---ers” and refused to unlock the screen door.

Police then saw Wood go to the kitchen area where he got a large knife from a drawer and put it in his walking frame.

After police gained entry to the residence, they approached Wood who immediately pushed his walking frame at one of the officers and he also swung his left fist at that officer “in an attempt to strike the officer”, the prosecution said.

Wood was then placed on the ground, arrested and restrained in handcuffs.

Police removed the knife from a storage area of the walking frame.

As officers began walking Wood out to a police vehicle, he kicked one of them, making “glancing contact” with that officer’s legs.

Once at the police car, Wood continued to be obstructive, “kicking out” several times and refusing to get into the vehicle.

Police officers carried Wood into the police vehicle and took him to the watch-house where he continued to be obstructive and attempted to hit his head on the walls.

Ambulance officers were called to the watch-house to assess Wood and he was subsequently taken to Rockhampton Hospital.

While in the emergency department at the hospital, Wood was accompanied by both ambulance officers and police officers.

It was there he spat at one of the police officers, striking that officer across his upper body.

Wood then had to be restrained and sedated.

The police officer was required to bathe his face and eyes, and undergo a blood test for bodily fluid exposure.

Trevor Ian Wood, 70, leaves Rockhampton Courthouse on February 4, 2022.

Solicitor Jess King, during her submission, referred to a mental health report pertaining to Wood, a disability pensioner, but she did not rely upon it.

Ms King said Wood was born in England and completed his schooling there before going on to work as a storeperson in a warehouse, and then a labourer for a plant hire business and also a metal treatment plant.

She said Wood also worked in the roofing industry, in sales, and in the railway.

“In 1995 he came to Australia and worked in his own marketing business for a period of time at Mackay,” Ms King said.

The solicitor said Wood, before coming to Australia, had been in a significant motorbike accident in which he suffered skull fractures and back injuries.

Ms King said Wood suffered ongoing pain as well as numerous other medical conditions.

“In terms of the mental health report, it is clear that Mr Wood had been consuming alcohol at the time of these offences,” Ms King said.

“My instructions are, effectively, that he (Wood) has no recollection of the events in detail.

“When I took him through the (police) body worn footage... he was somewhat shocked at what he saw in that footage in terms of his behaviours towards police.

“And he immediately expressed significant remorse.”

Ms King said that Wood had got the knife from the kitchen with a view to injuring himself and he did not at any time threaten police with it.

Ms King said Wood instructed that he was alcohol dependant and that he consumed about 11 glasses of wine a day.

Before handing down penalty, Magistrate Cameron Press noted that Wood had entered “timely” pleas of guilty and that he had a “very limited” criminal history.

“It is of major concern, Sir, that you have assaulted here, members of the police force, members of the community, who are going about their duty trying to protect people,” Mr Press said.

“And indeed, when you committed these offences, that’s exactly what they were doing - trying to protect you from yourself, from committing suicide.

“They were trying to assist you, Sir. They even took you up to the hospital and stayed with you because they were concerned for you, and for what you might do.

“And you repay that, Sir, by pushing an officer, you kick out and you make contact with their legs... but then you spit to the upper body of a police officer.

“It is said that it wasn’t done purposely but you accept that it wasn’t an accident either - and I have difficulty accepting that a person, when they’re inside in a hospital, just brings up phlegm and spits it, not knowing where it’s going, and spits it anywhere.

“It is disgusting. And I’m sure, that if those officers had spat on you, you would have been complaining.”

Mr Press said Wood exacerbated his health conditions because he was an alcoholic and he abused alcohol.

The magistrate added: “It seems to me that there is no point imposing any form of rehabilitation such as probation, because what is apparent from the material and from the submissions, is that there may well be difficulty accepting directions or advice from people who are wanting to assist you.”

In Wood’s case, Mr Press accepted that the spit did not land on the police officer’s face although that officer did wash his face as a precaution.

“I can assure you, Sir, that if that spit had of landed on his face, you would have been going to jail today irrespective of your disabilities.

“You treat police officers, hospital officers, ambulance officers, with respect or else you’ll end up going to jail.

“And certainly if you’d had a prior conviction for doing that, Sir, that is very likely what would have happened today.”

Mr Press sentenced Wood to a head sentence of six months’ jail, immediately suspended, for an operational period of 15 months.

Mr Press also ordered Wood pay $500 compensation to the police officer he spat on.