Eric William Bismark faces Toowoomba Magistrates Court, handed jail term for spitting in hospital security officer’s face

The 38-year-old was told repeatedly to stop swearing and speaking during his sentence hearing prompting him to ask the magistrate: ‘am I going to f---ing jail?’

A serial pest who spat in the face of a hospital security guard has been handed a six-month jail term.

Eric William Bismark had mental health issues and a habit of yelling obscenities at people in the street and part of his “extensive criminal history” included previously spitting on a police officer as well as assaulting and obstructing police, Toowoomba Magistrates Court was told.

On October 16, the 38-year-old had been in the Acute Mental Health Unit of Toowoomba Hospital when he started verbally abusing and shaping up to medical staff, police prosecutor Chris Willson told the court.

When a security officer stepped in between Bismark and the staff, he spat in the officer’s face, he said.

Senior Constable Willson said the security officer had to push him into a private room to stop him.

Toowoomba Courthouse in Hume St

That security officer had to endure six months of disease tests, the court was told.

Appearing via video link from the watch house where Bismark had spent the weekend, in total he pleaded guilty to the serious assault of a public officer as well as to using someone else’s bankcard he said he had found on a bus to obtain $246 of cigarettes, failing to appear in court on November 15, failing to report to police on June 20 and leaving a needle and syringe in the back seat of a police car en route to the watch house on June 9.

His solicitor Kirstie Smith told the court her client had been on a long-term involuntary treatment order.

Bismark had been in hospital for a back complaint and because he was trying to get off ice he became agitated when he didn’t think medical staff were listening to him, she said.

Magistrate Clare Kelly had to repeatedly tell Bismark to stop swearing and talking during the sentence hearing, once after Bismark asked “am I going to f---ing jail?”.

Ms Kelly sentenced Bismark on the serious assault offence to a total seven months in jail but ordered he be released immediately on parole and on other offences he was sentenced to two months jail, wholly suspended for six months.