Stephen David Murphy drove drunk, rolled his car and crashed at Barmaryee, then assaulted police
A man who drove drunk, rolled his car then continued driving and crashed again went on to grab a police officer who was pointing a taser at him and headbutted them.
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A man who drove drunk, rolled his car then continued driving and crashed it again went on to grab a police officer who was pointing a taser at him by the wrist and headbutted them.
Rockhampton Magistrates Court heard not just the details of this drink driving incident, but that the man – Stephen David Murphy – had been drinking alcohol since he was nine-years-old and thought his problem with the substance was genetic having claimed to have had a father who was a violent alcoholic.
Murphy, 27, pleaded guilty on April 4 to one count of dangerous operation of a motor vehicle, two of assaulting police, two of failing to appear in court and one count each of drink drive, obstruct police and producing a dangerous drug.
Police prosecutor Brandy Butler said after Murphy rolled his vehicle on March 14 at Barmaryee and it stopped rolling in the upright position, he continued driving despite the windscreen being shattered.
The court heard he drove on the wrong side of the road, almost colliding with another vehicle and causing another motorist to take evasive action.
Murphy then crashed the vehicle again.
Ms Butler said after he crashed the vehicle, Murphy asked a witness for a lift.
She said when police arrived, an officer ended up presenting their taser as Murphy ignored requests to get on the ground and continued advancing towards the officer.
Ms Butler said Murphy grabbed the officer’s wrist and headbutted them.
“As a result, the defendant was tackled to the ground,” she said.
“He kicked and he kneed the officer before punching the officer in the head.
“Eventually the officer was able to handcuff the defendant.”
Ms Butler said that while Murphy was being escorted to the police vehicle, he kicked a second officer in the upper right thigh.
Murphy was on a suspended sentence at the time of this incident. His BAC was .192 - almost four times the legal alcohol limit.
Ms Butler said police also located four marijuana plants at Murphy’s residence – two were one metre tall and the others were 25 centimetres tall.
Defence lawyer Samantha Legrady said Murphy, a father of one, instructed he started drinking alcohol when he was nine-years-old and started using methamphetamines after his first serious relationship broke down in 2019 but had not used meth for two years.
She said he still used marijuana to help him sleep.
“Alcohol is his poison,” Ms Legrady said.
She said Murphy thought his issues with alcohol may be genetic as he claimed his father was an alcoholic who would allegedly assault his older brothers.
Ms Legrady said Murphy drank excessively to the point where he could not recall anything afterwards.
She said he was also taking prescription medication at the time which were “downers” and had been in an argument that day before drinking at his sister’s house.
Ms Legrady said the next thing he recalled after his sister’s house was waking up in the watch house.
She said Murphy had a new partner, who was supportive along with his mother.
Magistrate Philippa Beckinsale said it was good he had support.
“Unfortunately, you started drinking at nine years of age,” she said.
“I don’t know how that has occurred but it’s a very sad thing.
“You may even be one of those people who don’t drink (alcohol) ever again.”
Murphy respond to this saying: “That’s correct, your Honour.”
He said after meeting people in prison, where he had spent the past 21 days, he understood this needed to be the case.
Murphy added, after his sentence of nine-months prison was handed down, that this was his first time in prison “and it will be my last”.
Ms Beckinsale declared the 21 days as time served, setting parole release on June 14.
She also placed Murphy on a two-year probation order and disqualified him from driving for 15 months.
His suspended sentence of four-months prison was also activated and set to be served at the same time as the nine-month prison term.
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