Kyle Benjamin James Gala pleaded guilty to assaulting a corrective services officer

A Queensland prisoner with a history of lashing out at authorities had to be “subdued” with capsicum spray during an outburst, a court has heard.

Kyle Gala leaving Maryborough District Court.

A prisoner who threw a container of jam at a prison officer had a history of lashing out at authorities, a court has heard.

Kyle Benjamin James Gala, 33, pleaded guilty in Maryborough District Court to one count of assaulting a corrective services officer on Thursday.

The court heard Gala and others were standing by their cell doors at Maryborough jail when he approached the officer and shouted “f**k you”.

He then threw an object at the officer who had to shield himself and was struck in the arm and ear, the court was told.

The court heard Gala had acted out of frustration and “lashed out”.

Judge Leanne Clare said Gala had a history of violence against authority.

 She said Gala had assaulted the officer when another prisoner was being moved through the cells.

“You threw a container with jam in it,” she said.

“The officer was able to deflect that with his arm but it still clipped his ear.

“You refused to retreat when ordered to and capsicum spray was used to control you.”
Judge Clare said the explanation for Gala’s behaviour that day was “a sense of frustration following bad news you had received from home”.

She said Gala had been placed in a detention unit for a period of time following the incident.

“Drugs have been your downfall from the time you were a child,” she said.

Kyle Gala leaving Maryborough District Court.

“I note that you resisted rehabilitation on the last period of parole, but you have completed an intensive program while in custody.

“Your criminal history is one of property and drug offending, as well as assaults.”

Judge Clare said an assault on a prison officer undermined the authority of the prison and deterred good people from staying in those jobs.

“You are a repeat offender in this respect.

“The record shows a tendency to assault police officers attempting to exercise lawful authority in various other past circumstances.”
Gala had been in custody for a prior similar offence at the time that he committed the new offence, Judge Clare said, adding that while no injury had been caused to the officer, the offence was still serious, particularly when committed by a person with his history and would ordinarily attract a further jail sentence.

However, it was noted there had been a delay in sentencing Gala who had been in custody for almost 12 months since became eligible for parole.

“That is certainly more time behind bars than you would have spent if today’s sentence had been dealt with at an earlier time, notwithstanding the discretion of the parole board to release you, I’m persuaded that is the case,” she said

Gala was placed on two years’ probation.

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Originally published as Kyle Benjamin James Gala pleaded guilty to assaulting a corrective services officer