Council worker ‘lucky’ to avoid jail
A Sunshine Coast Council employee who punched a security guard after a road rage incident in Caloundra has been labelled the luckiest defendant.
Reynold Samuel Jenner pleaded guilty in Caloundra Magistrates Court on Wednesday to one count of public nuisance after a road rage traffic incident in Little Mountain on May 2.
Police prosecutor Mark Burrell said the 50-year-old diesel mechanic's "obscene behaviour" warranted an assault causing bodily harm offence, however the victim did not wish to pursue the charge.
Senior Constable Burrell told the court Jenner was abusing an unknown female that he followed into the Chemist Warehouse after a traffic road rage incident when he punched a man who had told him to leave.
"The defendant then continued to yell abuse at the informant (the man), behaving in a threatening manner towards him," Senior Constable Burrell said.
After making his way towards the exit, Jenner lunged at the same victim, causing them both to fall to the ground.
The victim, who hit his head while falling to the ground, managed to detain Jenner.
Senior Constable Burrell said the violent offence was in a public place where there were children, families and elderly community members and warranted a period of imprisonment wholly suspended.
Jenner told the court he did not have anger management issues despite already being sentenced for assault charges in the past.
Magistrate Haydn Stjernqvist said Jenner was the "luckiest person" to appear in court on Wednesday because there was no assault claim made by the victim.
"This is a very high-end public nuisance offence of physical violence in a public place, born out of nothing," he said.
"As a public nuisance offence this is toward the top of the tree."
Mr Stjernqvist said Jenner's dated criminal history was the only reason he chose not to impose a suspended sentence.
Jenner was fined $900 and a conviction was not recorded.