Benjamin Michael Hughes: Man was too drunk to remember shouting racial slur at police

A court has heard a repeat offender who hurled abuse at police, including a racial slur, was too drunk to remember the interaction. Read the full story.

Benjamin Michael Hughes, 42.

A court has heard a repeat offender who hurled abuse at police, including a racial slur, was too drunk to remember the interaction.

Benjamin Michael Hughes pleaded guilty to public nuisance in Southport Magistrates Court on Wednesday after the incident from January 19.

Benjamin Michael Hughes, 42, leaving the courthouse.

Prosecutor Erin Garland said police were called to a residential complex around 10.30pm following reports of a disturbance.

The responding officers found a “loud and brazen” Hughes sitting in the stairwell, yelling obscenities.

Police asked the 42-year-old to go back to his unit and be quiet, which he “initially complied” with, before making his way back outside.

Sitting on the grass of the residential courtyard, the defendant “began yelling and swearing” again.

The officers asked him again to tone down the noise and go back inside, and Hughes “began making threats towards police, stating he’d set his dogs onto them”.

The court heard Hughes taunted police, asking “what are you going to do?” before using a number of expletives and calling officers the ‘n word’.

“The defendant was observed to be acting in a way that was disturbing the community within the complex,” the prosecution summarised.

Hughes, who appeared without legal representation, told the court he had just secured a new job as a forklift driver and made the mistake of celebrating with alcohol.

“I hadn’t had a drink in a couple of years and I just had too much to drink,” he said.

“I don’t even remember much of the night actually.”

When Acting Magistrate Sarah Thompson asked about his history with alcohol, Hughes admitted to having problems in the past and attending rehab for his alcohol issues.

She said the offender’s record indicates his battle with “a significant problem with alcohol”.

Acting Magistrate Thompson noted Hughes’ criminal history, agreeing with the prosecution that it was dated, but finding it wasn’t the first time he’d been charged for disturbing the peace.

“Your history is dated – your last offence, again public nuisance, was back in 2011,” she said.

The magistrate said it was “unsurprising” that Hughes was “highly intoxicated” that night, advising him to steer clear of alcohol in the future.

When asked if his employer does breath tests, Hughes said no, telling the magistrate: “I’d never go to work drinking, no way”.

“You are clearly someone who, unfortunately, shouldn’t drink at all,” Acting Magistrate Thompson said.

“I’m confident that you’re not going to do it again, seeing as (drinking) landed you back in court.”

Hughes was fined $250. No conviction was recorded.