Man jailed for spitting in face of pub manager
DESPITE being banned from the Pacific Hotel for 12 months for a previous violent altercation, a Glenreagh man still managed to enter the pub then spat in the face of the manager when told to leave, a court has heard.
Damian John Cliffe will spend the next three months behind bars after he was sentenced for the assault during an altercation at the Yamba pub earlier this year.
The 43-year-old appeared in Grafton Local Court on Monday where he pleaded guilty to common assault.
The police facts tendered to the court state that after completing a 12-month ban from all licenced premises in the Lower Clarence late last year, Cliffe was barred from entering the Pacific Hotel Yamba for 12 months from December 2019 as a result of a previous violent incident.
Despite the ban, on February 13 this year Cliffe entered the premises and was served a beer by a bartender who was unaware of the ban.
The hotel manager recognised Cliffe and told him he must leave. Cliffe became aggressive and threatened the manager, telling him "you watch I'll put one on your chin when I see you in the street".
The staff member continued to tell Cliffe to leave when he suddenly spat in the manager's face before eventually leaving.
During his sentencing he told the court he was at the pub for a friend's farewell party but became aggressive towards security when told he had to leave.
"I was quite intoxicated but to lash out like that is completely out of character," he said.
"I do frown upon that kind of behaviour and I do think it is unacceptable so I'm willing to accept any punishment necessary."
Magistrate Michael Dakin took a dim view to the offences, and told Cliffe there weren't many options other than a full-time custodial sentence, considering Cliffe was on an intensive corrections order for another violent incident at the time of the Pacific Hotel assault.
"You were on an intensive corrections order at the time of the affray for another violent offence," Mr Dakin said.
"I am impressed with your candour and your co-operation, but the security guard was just doing their job and had no choice but to intervene and for you to spit in their face raises the level of seriousness for this offence."
Cliffe was sentenced to three months behind bars, and will be eligible for release in October.