Brittany Bates: Toronto mum spat, blew on cop during breath test at height of COVID pandemic

A Lake Macquarie woman “lost it” when stopped by police for a random breath test, letting out a verbal tirade before punching and spitting on an officer.

In April last year, Australia was in the grips of coronavirus panic.

The nation was in lockdown and the pandemic was expected to peak domestically at any time.

It was those fears that made the actions of a Toronto mother, who lashed out during a routine breath test, all the more serious as she spat and blew on a police officer.

Brittany Bates, 21, had been driving on Anzac Pde, Teralba with her partner when they were pulled over, about 8am on April 21.

Court documents revealed the pair had been arguing with each other before turning their anger to police.

Toronto Court House. Picture: Amy Ziniak.

“The accused stepped into the officer’s personal space to within 50cm and began yelling obscenities,” the documents said.

“The officer then gave the accused a direction to step away and keep a 1.5 metre social distance.

“The accused deliberately moved closer to the officer and exhaled her whole breath in one quick motion, which was clearly audible and felt by the officer on his face.”

The documents said Bates was only aggravated further when the officer pushed her away.

“The accused began screaming at police and she lashed out with her fists, striking the officer in his chest.

“The driver then came around and pushed her back into the passenger seat of the car, before she walked back to the officer and leant forward and spat saliva onto him.”

Brittany Bates leaving Toronto Court House. Picture: Amy Ziniak.

Bates continued to yell and swear at the officer until police back-up arrived.

The incident unfolded in front witnesses who had gathered in the street.

Bates previously pleaded guilty in Toronto Local Court to two counts of assaulting police, and one each of resisting police, intimidation of a police officer, and acting in an offensive manner in a public place.

Her lawyer, Matthew Unwin, on Monday said the mother-of-two had a negative perception of police, after being present during a raid on a home at age four.

“That certainly doesn’t seek to excuse her behaviour,” Mr Unwin said.

“She seems to present to me … as a very different person to what is represented in (this offence).”

Magistrate Peter Barnett said Bates’s outburst had been unprovoked.

“You lost it well and truly before they could get anywhere near close to you,” Mr Barnett said.

“According to the facts, you were the one getting in people’s faces.

“All they’re doing is doing their job. Police can go to work like everybody else.”

Magistrate Barnett said Bates’s actions were made worse because they happened at the height of the pandemic.

“Last year, this time, everybody was scared, including probably yourself,” he said.

“You go and spit on the police officer after he’s told you to back off.”

Her lawyer conceded: “It was the height of fears”.

Bates was sentenced to an 18-month community corrections order and will undergo mandatory drug testing during that time.

She was also ordered to complete 100 hours of community service.

Toronto Court House. Picture: NSW Courts.

EARLIER

Woman’s vile tirade and assault on cop

By Amy Ziniak, February 17, 2021

She was hostile from the moment police pulled her partner over.

Brittany Bates, 21, screamed and yelled obscenities during a vile tirade against a police officer during a vehicle stop at Lake Macquarie last year.

Police facts said the officer was trying to defuse the situation when the driver, Bates’ partner, started acting aggressively towards police on Anzac Pde at Teralba early on April 21, before she then flew into a rage.

Brittany Bates leaving Toronto Court House. Picture: Amy Ziniak.

The senior constable had intentions to breath and drug test the driver, but when he told the couple, they only got enraged, the driver initially refusing to do so.

The 21-year-old got into the “personal space” of the officer — to within 50 centimetres — and continued to yell at him when he refused to speak to her, according to police facts.

She was ordered to step away, and observe the 1.5 metre social distancing rule, but instead deliberately moved closer and exhaled her “whole breath in one quick motion” on him.

Her actions caused the officer to push her away due to COVID-19 fears, being at the height of the pandemic, before she then lashed out.

Police facts detailed how Bates then punched the officer in the chest and spat at him, before she eventually walked away.

Police arrested the driver who they allege returned a positive result for cannabis.

Bates was later issued with a court attendance notice.

She was charged with two counts of assaulting police, resist police, behave in an offensive manner in a public place, and intimidate a police officer.

In Toronto Local Court on Tuesday, Aboriginal Legal Service solicitor David Malcolm said his client was due to be sentenced but a sentencing assessment report had not yet been completed.

It was adjourned until later next month.