Michael David Lynch pleaded guilty to causing a public nuisance
Police were called to the busy Hervey Bay esplanade after reports a homeless man was abusing the public. But his behaviour when told to move on has landed him in court.
Police & Courts
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A homeless man has faced court after he swore at police and caused a disturbance while living rough on the esplanade in Hervey Bay.
Hervey Bay Magistrates Court heard police were called to the esplanade on May 2 after reports Michael David Lynch was yelling abuse at members of the public.
Police arrived and told the 52 year old, who was set up in a makeshift camp at a covered table, they had received numerous complaints about this behaviour.
The court heard Lynch became “instantly aggressive and argumentative” with police, yelling he was living on the street and he didn’t have “anywhere to f—king go”.
Police told him to move on voluntarily from the area and he again swore at them.
Lynch was then warned he could be charged with public nuisance, and was again advised he must move on.
But he ignored the warning and refused to move, the court heard.
The officers began packing up his belongings and again told him to move.
Lynch then placed his foot on the table and yelled at the police again, at which point he was arrested.
As police were gathering his belongings they found a clipseal bag containing about 3.5 grams of cannabis, the court heard.
Lynch was later released on bail but failed to appear before court on June 17.
In Lynch’s defence, the court heard he was unemployed and receiving a disability support pension, and he had become homeless about eight years ago after his mother died.
Lynch pleaded guilty to possessing dangerous drugs, committing a public nuisance, failing to appear and contravening a direction or requirement.
Magistrate Trinity McGarvie sentenced Lynch to six months on probation and convictions were recorded.
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