Erina Fair: Man jailed after assaulting security and coughing on them claiming he had COVID-19

A man who assaulted two security guards at Erina Fair and coughed on them, claiming he was infected with COVID-19, has been sent to jail.

A man has been jailed after assaulting and coughing on security guards at Erina Fair. Picture: Sue Graham

A Woy Woy man has been jailed for assaulting security guards at Erina Fair and coughing on them, claiming he was infected with COVID-19.

Frankie Griffiths, 28, was sentenced to nine months behind bars in Gosford Local Court over his actions at the Erina shopping centre during the height of the pandemic on March 25, 2020.

Magistrate Alan Railton stated that Griffiths’s record, along with the seriousness of the assault left with no option but full time jail.

He said the act of coughing on the guards saying he had COVID-19 was shocking “after what the community has gone through in light of the incredible loss of life” from the pandemic.

Magistrate Railton said in light of the worldwide pandemic which had claimed so many lives, Griffiths’s actions were shocking. Picture: NCA NewsWire/Bianca De Marchi

Griffiths pleaded guilty to four counts of common assault on the two security officers from Myer/Erina Fair, larceny, stalk or intimidate intending to cause fear of physical or mental harm and driving whilst disqualified.

He also pleaded guilty to additional offences committed the day after on March 26 and March 31, including driving whilst disqualified, larceny, refusal to submit to an oral fluid test and unlawfully obtaining goods.

Court facts stated that on March 25 2020 a male security officer was called to the Myer mens department as staff were concerned about a man in the store.

Griffiths was first seen acting suspiciously in Myer at Erina Fair. Picture: NCA NewsWire / Gaye Gerard

Griffiths immediately confronted the security guard standing 5cm away from his face and at one point stood “nose to nose” and said “you old fat c**t, f**king back off or I’ll f**king nail you”. With clenched fists he went on to say “I mean I could f**king rip off your f**king head and kill you”.

A female security officer arrived at the scene and Griffiths threw clothing at her before grabbing a pile of clothing near the exit of the store and attempting to run off with it.

However, his mobile phone dropped out of his pocket and when the male security guard picked it up Griffiths threw the clothes away and pushed the guard against the wall.

When told he was under arrest, Griffiths grabbed the guard by the leg and pushed him to the ground. The guard managed to get him in an arm lock, avoiding a number of headbutt attempts, and the female security officer assisted holding Griffiths around the waist.

Gosford Court House pictured Tuesday 2nd July 2019 (AAP Image/Sue Graham)

The facts stated that Griffiths began yelling “Let go of me, I have got coronavirus” and started coughing at both security guards.

He then started violently pulling their hair and hit the female guard in the nose.

The guards managed to restrain Griffiths and while they waited for police, Griffiths threatened the male guard and his family.

When police arrived, he was arrested and questioned about whether he had COVID-19. He replied, “Nah I was only joking”.

CCTV images showed Griffiths drove to Erina Fair and he was charged with driving whilst disqualified, with court records showing he had been disqualified between July 2017 and July 2030.

During a search, police found Griffiths had a multipurpose tool in his pocket and barber scissors in his underwear.

Griffiths continued to offend the following day.

However his tirade of crime was not over after he was released on strict bail conditions. The facts stated that five hours later on the morning of March 26 he was back behind the wheel and stopped for petrol at the Shell Coles Express in Kariong where he stole injector cleaners and left without paying for fuel.

On March 31, he was once again seen driving and when stopped by police he refused a drug test.

Griffiths was sentenced to 18 months jail with a non parole period of nine months, with his mental health and need for drug rehabilitation taken into account. With time already spent in jail, he will be eligible for parole in May.