Former Hampton Park and Cranbourne resident Scott Delaney has been jailed over a “belligerent, unpredictable and aggressive” attack on Protective Service Officers (PSO) and security guards in Melbourne’s CBD last year.
The 33-year-old, who was on bail and serving a community corrections order at the time of offending, bit two PSOs and a security guard, and kicked another security guard in the chest in the early hours of Wednesday 10 November 2021, Judge Michael Tinney said.
The court heard the guards, who were patrolling a nearby venue, were attempting to calm Delaney after he became involved in a verbal altercation with road workers at the corner of Elizabeth Street and Flinders Lane.
Delaney then abused the guards and told them he was going to “smash” them, before they chased him away from the venue onto Elizabeth Street.
When they attempted to return to the footpath, Delaney “charged” at one guard “with what was obviously the makings of a haymaker punch”, Judge Tinney, but was tackled by a road worker before reaching him.
Upon being released, Delaney sprayed the security guards with beer before being taken to the ground again by another civilian, biting and kicking the guards in the process.
Three PSOs arrived during the altercation and began attempting to calm Delaney down, who was “voicing various racial abuse and some pretty disgusting and unpleasant taunts,” such as “bite that person’s nose off or rape that person’s mum or sister,” Judge Tinney said.
While resisting being handcuffed, Delaney bit two PSOs on the hand.
Delaney pled guilty in the County Court on Tuesday 31 May to two charges of recklessly causing injury, one charge of each affray, assaulting an emergency worker, and resisting an emergency worker.
The guard and the PSO, whose skin was broken due to the bites, sought medical treatment for their wounds to prevent infection.
The PSO also sought “advice as to alterations to his lifestyle in the window of infection until given the all clear,” Judge Tinney said.
The victims did not provide impact statements as there was no indication of their injuries having a long-term impact.
Delaney’s guilty plea was accepted as a display of remorse by the Judge.
In mitigation, Judge Tinney implored Delaney to continue to take his prescribed epilepsy medication and “completely abstain” from illegal drug use, as drugs and alcohol proved to be “very significant causative factor” in the charge of recklessly causing injury to the PSO.
“If you keep using illegal drugs it is plain you will continue to come before the courts as you have so frequently in the last few years,” Judge Tinney said.
“You will have almost no prospects of rehabilitation if you keep using drugs of dependence.
“I am confident you would not have been behaving in such a way had you not been significantly affected by drugs and by alcohol.”
On Wednesday 1 June Delaney received six months imprisonment for recklessly causing injury to the PSO and three months for the same charge involving the security guard.
Six months is the mandatory minimum period of imprisonment for the charge relating to the PSO, Judge Tinney said.
“Biting an emergency worker who was trying to calm and then restrain you, it is just not on,” the Judge said.
“They must be respected and they must be protected. The Courts must protect them.“
The total effective sentence was 12 months imprisonment with a six month non-parole period, however with 203 days already served in custody, Judge Tinney declared that he has served his non-parole period.
