Macklan Joseph Collins, 23, sentenced after Sirens scuffle, assaulting police and cocaine possession

It started when a Terrigal plumber wasn’t allowed into Sirens nightclub back in 2019 and ended in him being found with cocaine and kicking a cop in the groin. Hear the result of Macklan Collins’s five day hearing.

A Terrigal plumber has been sentenced over a scuffle outside Sirens nightclub in Terrigal which ended in him kicking a police officer in the groin.

Macklan Joseph Collins, of Terrigal, appeared in Gosford Local Court on Friday where Magistrate Jennifer Price handed down her decision following a five day hearing into the incident in Terrigal on December 14 2019.

Collins, who was 21 at the time of the incident, pleaded not guilty to charges of possess prohibited drug, resist officer in execution of duty, common assault, affray and two counts of assault officer in execution of duty.

Sirens has always been a popular nightclub in Terrigal.

The 23-year-old’s hearing was held over various dates in May and November 2021 and March 2022, when Collins changed his plea to possess prohibited drug, including 0.5g of cocaine, to guilty.

The court heard “undisputed facts” that on December 14 2019, Collins went to Sirens around 12.30am after a dinner at Terrigal Hotel.

He was refused entry at the front door by a security guard who deemed him too drunk and Collins called him either a “faggot” or f**kwit”.

Collins was pushed by two security guards before police became involved, a wrestle took place and Collins was taken to the ground.

Collins said the tightness of the handcuffs caused “horrible pain” during the incident.

Collins was taken to Gosford Police Station and when he was being moved out of the van, he kicked a senior constable in the groin before kicking another officer in the ribs.

Magistrate Price said the hearing included evidence from Collins, his father, security guards from Sirens, police officers as well as bystanders.

The charges of common assault and affray referred to Collins’ alleged actions after he was asked to leave Sirens, with a security guard giving evidence that Collins punched him in the face and evidence from a witnessing police officer that he was throwing punches.

Collins gave evidence saying he was “near sober” after having five to six beers during the night and, after being pushed by security guards, held his hands up to protect himself.

After viewing CCTV footage, Magistrate Price dismissed the two charges of common assault and affray saying there was no evidence he had clenched fists.

Collins changed his plea to guilty for possessing 0.5g of cocaine.

In terms of the resist officer charge, the court heard that police intervened before Collins was taken to the ground. Police officers gave evidence that he was yelling and screaming with clenched fists, while Collins said after grabbed from behind, sprayed “point blank” with OC spray, he was scared and tried to protect himself.

“When I was on the ground I felt like a tonne of bricks on my back really,” he said.

“I couldn’t breathe.”

Magistrate Price said CCTV showed Collins was clearly uncooperative with officers and convicted him of the charge.

She also convicted him of the two counts of assault officer in execution of duty as he was being taken out of the police van at Gosford Police Station.

While Collins said he was in “horrible pain” due to the tightness of the handcuffs and afraid due to his earlier experience at Terrigal, Magistrate Price said he could have taken other actions as opposed to kicking out at officers.

Collins walked away with a conviction to four of the charges and fine. Picture: David Swift

However, she said it was not disputed during the hearing that Collins suffered injuries to his wrists during the incident. This has resulted in radial sensory nerve dysfunction along with ulnar nerve lesions on his elbows.

During his sentence submissions, Collins’ defence lawyer Marc Riviere said Collins had no previous history of violence and had “no intention to start the incident that ended in a brutal assault on him”.

He said Collins had five people on his back when he was taken to the ground by police and couldn’t breathe, panicking for his life.

In terms of the assault officer charges, he said he “was untrusting, in an environment he had never been in before”.

The prosecution stated that his actions were “in defiance of police”.

Magistrate Price said Collins was a young man with a lot of potential and acknowledged that he didn’t start the physical nature of the incident. However she said he didn’t assist himself with his behaviour.

She convicted him of the proven charges and fined him a total of $2750.