Kane Scott David Brook received a suspended jail sentence for his behaviour at the Duporth Tavern.
Kane Scott David Brook received a suspended jail sentence for his behaviour at the Duporth Tavern.

Young dad’s ‘grub act’ after punching guard at pub

A mouthful of vape smoke landed a young dad in more trouble after he punched a security guard, a court has heard.

Kane Scott David Brook on Thursday received a suspended jail sentence for his behaviour at the Duporth Tavern on August 15.

Maroochydore Magistrates Court heard the 24 year old became aggressive after he was kicked out of the pub about 10pm.

Police prosecutor Stephen Potter said a security guard told Brook he had to move on as he stood blocking the entrance.

But Brook refused.

"The victim has lightly used an open hand to push the victim in the stomach in order to get him back and away from the door," Sgt Potter said.

"The defendant has subsequently used a closed right fist to punch the victim in the mouth, causing pain and discomfort."

The security guard, with a bloodied lip, tackled Brook to the ground and held him until police arrived.

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Brook was arrested and placed into a police car where he refused to hand his vape to an officer.

He was warned he would be obstructing police.

What happened next was described as a "grub act" by magistrate Haydn Stjernqvist.

"The defendant has gone to hand the device to police however used the device, filling up his mouth full of smoke, given the victim the vaping device and blown the smoke into the face of the victim," Sgt Potter said.

"The victim briefly felt disoriented from the smoke before realising what had occurred."

Sgt Potter said the assault on the security guard was serious and dangerous and Brook could be sentenced to jail.

Brook on Thursday pleaded guilty to assault occasioning bodily harm and assaulting a police officer.

Defence lawyer Ben Rynderman argued his client could be fined for the offences and a jail sentence was not warranted.

He tendered character references which said Brook was an upstanding member of the community who worked hard and cared for his children.

"He has one relevant offence (on his history) which doesn't involve violence- it was a spit that was again alcohol related," Mr Rynderman said.

"The spit did not land on the parking officer and he is sincerely remorseful for that and realises he was behaving stupidly."

Magistrate Haydn Stjernqvist said Brook was sentenced for spitting at the parking officer four days after he was arrested at the Duporth Tavern.

"Spitting is a grub act," he said.

"Another grub act is filling your mouth up with vape smoke and deliberately blowing it into the face of a police officer who is reasonably and lawfully requesting you to hand over the vape."

Mr Stjernqvist considered the injury suffered by the guard as well as Brook's remorse, rehabilitation and young age and the need for deterrence.

Brook was sentenced to six months in jail, suspended immediately for 12 months.

He was also fined $800 and ordered to pay $800 in compensation to the victim.