Mum slaps officer on the face outside popular pub
A BIG night out on the town has landed a young Deception Bay mother in Kingaroy Magistrates Court after she drunkenly assaulted a police officer, striking her in the face three times.
Kyrah Mary Sager, 28, pleaded guilty to five charges including one count of commit public nuisance, driving under the influence of alcohol, driving without a driver's licence (demerit point disqualified), and two separate charges of serious assault of police officers.
Police prosecutor Pepe Gangemi told the court that on Friday, March 6 at about 11.30pm police went to the Commercial Hotel in Kingaroy and witnessed Sager acting extremely intoxicated.
"Her behaviour was disorderly and defensive, she was swearing at security staff, and police were told by security staff the defendant had tried to gain entry at the rear of the hotel and became aggressive when she was denied," he said.
The court heard when police tried to engage with Sager, she called them "c----" and "scum" resulting in the public nuisance charge.
Sager continued to attempt to go back towards the rear hotel entry but was continually stopped by police before she began to make threats towards the police officer saying, "I'll f---ing knock your head out".
Sergeant Gangemi said police told Sager to stop making threats, before she proceeded to slap a female police officer with an open hand to her left cheek, causing pain.
"She (Sager) was subsequently arrested and she kicked out to avoid being arrested," Sgt Gangemi said.
"Back at the watch house police were advised the defendant was suspected of having driven to the Commercial Hotel."
Security staff informed police Sagar had been driving a white Ford Falcon around 11.18pm that night and had parked the vehicle outside the hotel on Haly St when she attempted to gain entry.
"The defendant was grossly affected by alcohol, she was stumbling, could not stand up straight, had blood-shot eyes, smelt of liquor and was acting in an aggressive manner … she failed to provide a specimen back at the station," Sgt Gangemi said.
"The final serious assault occurred on 12:55am on March 7 when she (Sager) was being moved from the watch house.
"She had begun spitting in the watch house, she was told she would be returning to her cell … she has then swung towards police and police attempted to restrain her.
"She used a closed right fist and punched (the same female officer) in the upper left cheek again causing pain and discomfort. She was further restrained and walked back to her cell, but she again rushed at the same police officer and struck her on the left side of her face."
He also mentioned Sager's licence has been demerit point suspended since March 4 this year.
Defence lawyer Mark Werner from JA Carroll Solicitors said his client was a single mother to a nine-month-old daughter and since the incident in March, she had moved to Deception Bay to live with her mother.
"She currently receives the disability support pension as well as the family tax benefit in regards to her child," Mr Werner said.
"She does have a previous public nuisance history from 2017 and an obstruct from 2018, but no previous violence or driving offences.
"I am instructed from Ms Sager that she suffers from schizophrenia, also anxiety and depression and chronic back pain. She's prescribed Seroquel for the schizophrenia, Sertraline for the anxiety and depression and Tramadol for the chronic back pain.
"That sort of medication, particularly Seroquel doesn't take well to alcohol … which is obviously not a defence but the interaction with her medication certainly wouldn't have helped with her behaviour especially so late at night when she was grossly intoxicated.
"It's just fortunate Ms Sager is of slight build and the altercations didn't result in serious injury to the officer."
Mr Werner argued it was not suitable for Sager to partake in community service with the current Queensland Health restrictions regarding the pandemic as she is currently breast feeding her infant daughter and instead suggested Sager receive a probation order for a period of a six to nine months.
Magistrate Louisa Pink acknowledged Sager's early guilty pleas as well as a lack of injuries to the officer, but stated she was not on board with Mr Werner's recommendation of a probation order.
"I don't know that I'm with you … She's assaulted a police officer, it was initially a slap and then the subsequent one was at least three strikes to the face," Ms Pink said.
"I don't want to set her up to fail with a community service order with a nine-month-old that's still breastfeeding and with mental health issues … I'm not even sure that corrective services would appreciate trying to organise something in those circumstances and that's why I'm arguing against it for a probation order," Mr Werner said.
Ms Pink warned Sager if she was to commit this type of offending again, the 28-year-old mother of one would be facing real jail time.
She ordered Sager be placed on a probation period of 12 months and her driver's licence be disqualified for a period of six months.