Robert Muller: Hep-C positive man jailed for sick assault of Toowoomba police officers

A Toowoomba man infected with a potentially life-threatening virus spat at, threw a blooded paper towel and sucker punched officers while in custody for multiple incidents.

Toowoomba man Robert Muller

A Toowoomba man has been jailed after he subjected police officers to a number of disgusting, violent, and abusive tirades.

Toowoomba Magistrates Court was told Robert James Muller, who has hepatitis C, spat on an officer’s face during an arrest in January, and threw a bloodied paper towel at another while in the watch-house in April.

However, Police prosecutor Anita Page said the 41-year-old also committed acts of physical violence against officers.

The court was told on January 2, Toowoomba officers were called to a James St home and were met by an “antagonistic and goading” Muller, who poked an officer in the stomach twice before resisting arrest.

Robert Muller.

Ms Page said Muller spat on the cheek of one of the officers as he was manhandled near the rear of a police car.

After arriving at the watch-house, Ms Paige said Muller pretended to be “passed out” in the car before sucker punching an officer in the stomach.

Soon after Muller wrapped his legs around the same officer’s legs, and kneed another in the ribs.

Another incident between Muller and officers occurred at a Hill St home in Toowoomba City in April after concerned neighbours called triple-0 to report a disturbance.

When officers arrived a naked man ran from the home clutching a towel and was closely followed by Muller who was holding a butterknife.

The court was told the naked man defecated and urinated in the home and was trying to leave, however Muller wanted him to clean up his mess first.

Ms Page said the officer yelled at Muller to drop the butterknife, which he did, however he continued to yell abuse at police and did not get adhere to instructions which resulted in a taser being deployed.

While in his cell at the watch house following the arrest, Ms Paige said Muller threw a bloody paper towel which hit an officer in the shoulder — he was using it for wounds caused by taser prongs.

Solicitor Alysha Jacobsen said Muller had the butterknife because he needed it to get in and out of his bedroom, which he had locked from the inside to keep the defecating man from entering the area.

She also noted during the violent January arrest Muller had a serious injury to his hand which required eight stitches, and had drunk about two litres of cask wine.

Ms Jacobsen said Muller was remorseful as soon as he sobered up, and although the circumstances were not an excuse, the details provided an insight into why he reacted badly.

The Toowoomba courthouse.

The court heard Muller, who had a longstanding drug problem and suffered through bouts of homelessness, also committed a number of other crimes before his arrest in August.

Ms Page said Muller had stolen a sex toy from a Toowoomba adult store valued more than $100, alcohol from Burke & Wills Hotel, items from Best and Less, and groceries from Woolworths.

However, the catalyst that led to Muller’s arrest was an explosive incident directed at a property manager.

Ms Page said when Muller found the man in the backyard of a rental property, he began yelling abuse at him, flipped a table, and began throwing cans of food.

The court was told an assault charge arose from the residential blow-up because peas and carrots hit the man after a can rebounded off a fence.

Magistrate Louise Shephard told Muller the assault on officers was degrading, appalling, and a very serious example of assault, which was made more severe due to his hepatitis C diagnosis.

At Toowoomba Magistrates Court on December 18, Muller pleaded guilty to more than 20 crimes which included assaulting police officers, common assault, obstructing police, public nuisance, stealing, and breaching bail.

He was sentenced to a 15-month jail term, with a parole release date of January 15.

A one-month jail term, suspended for six months, was also imposed, and the 124 days Muller spent in custody was declared as time served.