A Magistrate says a Childers man who spat blood and saliva on three police officers as they tried to arrest him for breaching bail was set up to fail.
A Magistrate says a Childers man who spat blood and saliva on three police officers as they tried to arrest him for breaching bail was set up to fail. Mike Knott

Bail conditions queried after alcoholic told not to drink

A MAGISTRATE says a Childers man who spat blood and saliva on three police officers as they tried to arrest him for breaching bail was set up to fail.

Ryan William Lavis, who has a serious problem with alcohol, was given bail earlier this year with conditions he not drink alcohol and that he submit to random breath tests.

But on May 30 police were contacted by a person who said Lavis was drunk and staggering along a Childers street.

"He was obviously intoxicated," police prosecutor Sergeant Barry Stevens told Bundaberg Magistrates Court yesterday.

Police requested Lavis submit to a breath test but he refused and a struggle ensued when police tried to arrest him.

He bashed on the inside of the police car and struggled all the way to the police station, throwing himself on the ground and refusing to move.

Sgt Stevens said during the struggle, Lavis spat blood and saliva on three police officers, tried to bite them, head-butted one officer's leg and continually kicked out at them.

He finally calmed down after police used capsicum spray to subdue him.

The 31-year-old yesterday pleaded guilty via video link from jail to seven charges, including three counts of serious assault on police and two of obstructing police.

Lawyer Rian Dwyer said Lavis was much more pleasant to deal with when he had not been drinking.

"Since being in custody and away from alcohol he's a completely different person," Mr Dwyer said.

"When times get tough he turns to alcohol." 

Davis said he was committed to changing and wanted to be a better person for his partner of 10 years and their two young children.

"I'm very remorseful for what I've done," he said.

"My two young children have been punished by me doing this."

Magistrate Deb Vasta said placing an alcoholic on those bail conditions was "setting him up to fail".

"If he hadn't been on that condition we wouldn't be here," she said.

"I think it's the demon drink that makes you behave that way."

But Mrs Vasta said it was unfair that police were subject to Lavis' bad behaviour.

"Police are just trying to earn a living and do their job," she said.

"They get spat on, stabbed and shot at and used as punching bags and called names just because they're wearing a blue shirt."

Lavis was sentenced to nine months jail with immediate parole release, taking into account the 27 days he had already served in jail.
 



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