Wrong place at wrong time as Collie man fined for disorderly conduct during brawl

A 41-year-old Collie man has been granted a spent conviction after admitting he was in the wrong place at the wrong time during a night out. Darren Grant Elliott appeared in Collie Magistrate’s Court on Wednesday when he pleaded guilty to failing to leave a licensed premise when instructed and disorderly behaviour in public. A further charge of obstructing public officers was dismissed. The court was told police attended the Victoria Hotel in relation to an alleged assault on May 28 when they came across Elliott, who had no prior criminal history, standing in the entrance doorway holding a drink while officers spoke to the manager. Elliott, who was deemed by police to be intoxicated at the time, told police they were “too late to do their f...ing jobs” and blocked the officers from entering the premises. When Elliott refused to leave as requested, he was forcibly removed and the manager locked the entrance door. The court was also told Elliott continued to argue with police on the footpath and soon became involved in a physical altercation with other patrons who had been asked to leave earlier. In submissions, the court was told Elliott had become involved in the initial incident that was reported to police after he was allegedly trying to help staff get those involved to leave. During the second altercation outside the hotel, it was submitted that Elliott’s wife had been assaulted prompting him to come to her aid, resulting in the pair being taken to hospital to treat their injuries prior to Elliott being arrested. It was understood charges were pending in relation to the assault. In sentencing, Magistrate Benjamin Tyers formed the view that Elliott’s offending was out of character despite it being a prolonged incident. “It never wins to argue with police or bar staff when you’re being asked to leave,” he said. Elliott was fined a total of $1150 plus court costs and was granted a spent conviction for both charges.