Vito Sebastian Morello convicted of serious assault of a police officer
A Whitsunday man with a criminal history ‘littered with assault related offences’ has walked free after punching a police officer in the face in the Airlie Beach party precinct.
Police & Courts
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A Whitsunday man warned eight years ago he was “knocking on the door of jail” for his violent behaviour has been convicted of serious assault after punching a police officer in the face during a night out in Airlie Beach.
Vito Sebastian Morello pleaded guilty at Proserpine Magistrates Court to four charges arising from a string of incidents in the early hours of Sunday, May 2.
The court heard these began with Morello ripping up an infringement notice for public urination immediately after police gave it to him outside a main street kebab shop.
About 20 minutes later, outside Boom Nightclub, Morello’s friends had to physically restrain him as he attempted to “antagonise and pester” the same police officers into a fight, telling them to “take off [their] uniforms” and telling bystanders, who were encouraging him to go home, “nah, f**k them, just ‘cause they’re wearing uniforms …”
The 32 year old then took off his own shirt, and stood in the street, yelling at the officers: “Let’s f**king go, let’s f**king go.”
When Morello ran from approaching police, he tripped over, got up and “lunged” towards an officer, the court heard.
He punched the officer in the forehead and again fled on foot, then resisted and laughed at officers’ attempts to restrain him on the ground.
The court heard Morello took his shoes and socks off and threw them at police at the watch house.
The court heard this was only the latest incident in a long criminal history which included multiple assault and public nuisance offences committed in locations such as Stanthorpe and Brisbane.
Police prosecutor Jay Merchant described Morello as a “violent offender” who had not learned from his previous mistakes, and said the only appropriate sentence was a term of imprisonment.
“[His history] shows a pattern of behaviour of assault-like offences, where previous sentencing regimes have not worked,” Sergeant Merchant said.
“A term of actual incarceration might send a message to the offender and to the community that you cannot punch a police officer in the face.”
Defence lawyer Danny Yarrow said his client’s behaviour had significantly improved in recent years as he had changed jobs and stopped “running around with the wrong crowd”.
Mr Yarrow said the father of one had no memory of the events leading up to his latest arrest, and was “quite remorseful” upon reviewing CCTV footage from the night.
Magistrate Ron Muirhead took into account reference letters from Morello’s employers and the fact that most of his previous offending had occurred when he was aged in his early 20s.
He recorded convictions for all four charges – serious assault police, assault, public nuisance, and obstruct police – and sentenced Morello to nine months imprisonment, with immediate parole.
Morello must also pay a $1200 fine plus $1000 compensation to the officer he punched, and complete 195 hours of community service.
He is banned from the Airlie Beach Safe Night Precinct for 12 months.
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