A North Coast man’s ‘foolish, arrogant’ decision to tell police he had Covid-19, then cough in their direction, has seen him wind up in court

Police attended a North Coast property after the man was involved in a domestic dispute with his brother, then the situation escalated with his “impetuous” behaviour, a court has heard.

A Byron Shire man who told police he had Covid-19, then coughed in their direction, has faced court.

It was early on in the pandemic’s impact in Australia when police were called to a home because of a domestic violence matter on April 2 last year.

The 23-year-old was charged with destroying or damaging property, resisting police and intimidating an officer in the execution of their duty.

When the matter went before Byron Bay Local Court on Tuesday, July 6, the man’s lawyer said the property offence related to damage to a gyprock wall and “arose out of an altercation with his brother”.

“He had been hit by his brother, he hit back,” he said.

He told the court his client believed he had been wrongfully accused of starting a fire.

That damage has since been fixed, the court heard.

When police attended, the situation escalated.

“This was … before the full dimensions of Covid were known,” the man’s lawyer said.

“He was asked whether he had Covid and he said he did and coughed.”

He said this was a show of “impetuousness” rather than malice.

“He was two metres away, he wasn’t right up in their face,” he said.

“It was an act of stupidity that ought not to ever have taken place.”

He asked for the court to deal with the man’s offences under the Mental Health Act, to divert him away from the criminal justice system and into an ongoing treatment plan.

Police prosecutor Sergeant Val Short said the domestic offence was serious because it occurred in the victim’s own home.

She acknowledged the context of the Covid-19 pandemic at the time of the incident.

“It was towards the beginning of the coronavirus introduction and perhaps (he) didn’t take that as seriously as perhaps he should have,” she said.

Magistrate Karen Stafford agreed to dismiss the charges and direct the man to treatment.

Pleas of guilty to the charges had been indicated by his lawyer, pending that decision.

“I accept there was a loss of temper because he … felt that he was being wrongly accused,” Ms Stafford said.

“The damage has been rectified.”

She accepted his mental health condition was “operative” at the time of the incident.

Ms Stafford said the offences against police were “a matter of concern”.

“(It was) spontaneous, foolish and – dare I add – arrogant offending in my view,” she said.

“It came at the beginning of Covid and whilst he might have been saying it as some sort of joke I can tell you those officers who work on the front line find no humour in threats such as that.

“We really didn’t know if it was the start of a pandemic of plague proportions or not at that stage.”

She said this act was “very likely” to have an impact on the officers involved.

The man was discharged from proceedings and ordered to participate in all treatment as directed by his doctor.