Mitchell Damien Nolan-Judd banned from every Capricorn Coast licensed premises for a year

“You’re just a person who is completely out of control”: An acting magistrate has blasted a Central Queensland teenager and was clearly not impressed with the young man’s attitude. Here’s what happened in court.

Mitchell Damien Nolan-Judd.

An acting magistrate has blasted a “completely out of control” teenager before hitting him with $3475 in fines and banning him from every licensed premises on the Capricorn Coast for a year.

Mitchell Damien Nolan-Judd, 19, pleaded guilty in Yeppoon Magistrates Court on May 19 to five charges stemming from his behaviour at The Strand Hotel and the Railway Hotel.

The charges Nolan-Judd pleaded guilty to were two counts of committing public nuisance in a licensed premises, and one count each of trespass, possessing dangerous drugs, and obstructing a police officer.

Police Prosecutor Sergeant Kevin Ongheen explained Nolan-Judd was already banned from The Strand Hotel, Yeppoon, for four years before committing the offences before the court.

“The banning notice was applied on the 22nd of May, 2021, and is effective until the 25th of February, 2025,” Sgt Ongheen said.

The prosecutor said about 9.50pm on April 21, police were called to The Strand Hotel in relation to Nolan-Judd being there when he was banned from the venue.

Sgt Ongheen said it was reported to police that Nolan-Judd had tipped drinks over patrons.

By the time police arrived and spoke to the manager, Nolan-Judd could not be found.

“He’d been asked to leave by security, however refused,” Sgt Ongheen said.

“(Nolan-Judd) became verbally abusive to staff, has pushed a number of metal bollards over in front of the premises.

“He has continued to cause further disturbance by yelling and swearing outside the hotel before running off somewhere.”

Then a short time later, at 10.10pm, police received information about a man causing a disturbance at The Railway Hotel.

Hotel staff reported that Nolan-Judd was in the smoking area and he had been asked to leave.

“(Nolan-Judd) became verbally abusive towards staff,” Sgt Ongheen said.

“He caused a disturbance by knocking signs over that were located in the premises, and climbing over tables, yelling and abusing staff.”

Mitchell Damien Nolan-Judd.

Sgt Ongheen said Nolan-Judd walked off and when police arrived at the venue they conducted patrols to try and find him as they were aware that earlier in the night he had been involved in a disturbance at The Strand Hotel.

A few days later, about 9.45pm on April 24, police were approached by The Strand Hotel manager who advised that Nolan-Judd was again inside the venue.

“(The manager) advised that (Nolan-Judd) was banned and had been for some time,” Sgt Ongheen said.

“She told police that she had asked (Nolan-Judd) to leave, however (he) refused and ran off into the crowd.”

Sgt Ongheen said police told the manager to find Nolan-Judd and ask him to leave, and that police would wait outside to ensure that this happened.

“Police saw the manager walk up to (Nolan-Judd) in the main downstairs bar area - it was evident that (Nolan-Judd) was again attempting to walk briskly away from the manager,” Sgt Ongheen said.

“The manager has grabbed (Nolan-Judd) by the arm and (he) has pulled away from her and continued off into the crowd.”

Sgt Ongheen said with the help of security staff, Nolan-Judd was found a short time later and he reluctantly walked out to the front of the hotel.

“Police attempted to talk to him, however he refused and walked off,” Sgt Ongheen said.

Nolan-Judd was then arrested for trespass.

Sgt Ongheen said as police arrested him, he immediately resisted by tensing his arms in a bid to prevent police from placing them behind his back.

That obstructed a police officer and Nolan-Judd continued to resist by failing to comply with police directions, Sgt Ongheen said.

“And attempting to prevent police from hand-cuffing his hands behind his back,” the prosecutor said.

“As a result, he was transitioned to the ground and whilst on the ground he continued to resist arrest by attempting to pull away his arms in an attempt to again prevent police from applying the handcuffs.

“He also kicked out at police, connecting with them, however it was with minimal force due to the position police were located in.”

Sgt Ongheen said Nolan-Judd was eventually overcome with force and handcuffed.

At Yeppoon police station, Nolan-Judd was searched before being placed into a cell, and police found 3.07g of cannabis in a clip-seal bag inside his shorts pocket.

In court, Sgt Ongheen submitted, based on Nolan-Judd’s breach of the banning order that was already in place as well as his behaviour at multiple venues, police sought for him to be banned from all Yeppoon and Emu Park licensed premises for 12 months.

The court heard Nolan-Judd had no criminal history.

Solicitor Krissy Cummins said Nolan-Judd worked as an operator at JRT Yeppoon (civil construction company) and he was single with no dependants.

Ms Cummins said Nolan-Judd admitted that he behaved poorly, and he had indicated he would accept a period of probation.

Acting Magistrate Ron Muirhead then said: “His behaviour is out of control, there’s no doubt about that. But he simply has to wake up to himself.”

Mr Muirhead told Nolan-Judd “normally there would be very heavy fines” and if he just stuck to the ticketable amounts, the fines would be between $3000 and $4000.

“Now I’m not convinced probation is an appropriate penalty really,” Mr Muirhead said.

“You’re just a person who is completely out of control - you’ve got issues with alcohol, issues with authority, and unless you change your ways you’re going to end up in jail, there’s no doubt about that.”

But the acting magistrate gave Nolan-Judd a chance, and he stood this matter down so he could talk to a probation officer about what was required with probation.

“If you think that he might benefit from probation, I’ll consider probation,” Mr Muirhead told the probation officer who was in court.

The acting magistrate added: “But if you think he’s got the wrong attitude, he’s not going to comply with it, let me know and it won’t be probation.”

Mr Muirhead then asked Nolan-Judd if he would like to consider probation, and the teenager responded “yes” to which the acting magistrate swiftly replied: “Well get your hands out of your (shorts) pocket for a start”.

Wearing thongs on his feet, Nolan-Judd then left the courtroom to talk to the probation officer.

When the matter resumed, the probation officer told Mr Muirhead that Nolan-Judd said he didn’t think he would be able to comply with the reporting requirements of a probation order and she had discussed the options with him.

Sgt Ongheen then submitted for fines “in line” with the infringements.

Mr Muirhead gave Nolan-Judd five fines totalling $3475 and no conviction was recorded.

Mr Muirhead also banned Nolan-Judd from all licensed premises at Yeppoon and Emu Park for 12 months.

Originally published as Mitchell Damien Nolan-Judd banned from every Capricorn Coast licensed premises for a year