Marshall Robert Gordon in Rockhampton court for assault at Woolworths

Just days after being convicted of a brutal assault against a disability support carer, a parolee who receives 24-hour care spat at a Woolworths employee after he was wrongly accused of stealing.

Marshall Gordon.

Just days after being convicted of a brutal assault against a disability support carer, a parolee who receives 24-hour care spat at a Woolworths employee after he was wrongly accused of stealing.

Rockhampton Magistrates Court heard Marshall Robert Gordon, 44, spat at a woman at Woolworths in the Northside Plaza on February 13.

Police prosecutor Brendon Selic said it was “disgusting behaviour”.

The court heard Gordon’s spit mostly landed on the woman’s shirt but that some also got in her eye.

Northside Plaza. Picture: Aden Stokes

Mr Selic said Gordon was on parole for “much more serious offending”.

Gordon was sentenced to 18 months prison with immediate parole in the District Court in Rockhampton on February 7 after pleading guilty to one count of grievous bodily harm.

The offence involved Gordon attacking his disability support worker on February 10, 2022, punching the man repeatedly in the head and breaking his jaw.

Defence lawyer James Fisher said while his client’s offending was “disgusting”, it was more “complicated than that”.

Mr Fisher said his client received 24-hour support, which was funded through an NDIS package.

The District Court in Rockhampton heard on February 7 that Gordon suffered a traumatic brain injury after he fell off a roof when he was younger and began having problems controlling his temper.

Mr Fisher said as a result of that injury, his client had an intellectual disability.

He said his client also had epilepsy and other disorders from the “harmful use of alcohol”.

He said a guardian was appointed for most of his client’s decision making.

In relation to the offence, Mr Fisher said his client initially tried to walk away.

“There was some feedback from employees in the store and Mr Gordon has responded to that,” he said.
“He has attempted to leave the situation by walking away and it has escalated from there.”

Magistrate Philippa Beckinsale said it was a serious assault.

“Sometimes people don’t treat you very well, and when they don’t treat you well it triggers you and you’re reactions are not the best,” she said.

“You have to understand that people in shops, like these ladies and the lady that you spat on, day in and day out they deal with people helping themselves to things in the shop without paying for them and they become very sensitive to the idea people are trying to steal.

“You were going to pay for your items and that is why you felt so disgruntled.

“I understand where you are coming from, but you have to understand where people out in public are coming from.

“It was unfortunate you weren’t physically with your carer when you had this interaction and were accused of stealing.

“Your decisions are made by other people but you’ve got to make good decisions every moment of the day when you’re there in charge of the decisions.

“Retaliating by spitting on someone… and in this day and age that is how diseases are passed on as well as being a disgusting act.

“I accept you are sorry. You were sorry from the start.”

Gordon pleaded guilty to one count of common assault.

Ms Beckinsale sentenced Gordon to six months prison, wholly suspended for 12 months.

A criminal conviction was recorded.