A man who coughed in the face of a Wollongong Centrelink security guard at the height of the COVID-19 pandemic has been ordered to serve out a 13-month jail term in the community.
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Jason Cutmore was last month found guilty of assaulting the guard during an ugly stoush at Centrelink's Burelli St office on April 27.
He returned to Wollongong Local Court on Tuesday for sentencing, growing visibly relieved as Magistrate Janine Lacy warned him to "stay out of trouble" but spared him a full-time custodial sentence.
"Thankyou," he said. "No I can't see any of that [trouble] in the future ma'am, thankyou."
It was a far less contrite Cutmore who appeared at the Burelli St office on April 27.
At Cutmore's November 18 hearing, security guard Dimitiros Andrikopoulos described how the 48-year-old "aggressively" coughed at him after he was asked to leave the building.
Mr Andrikopoulos said Cutmore had become upset when he was asked to remove his face mask. He ignored staff who told him to leave and was heard swearing as he lingered 10 metres outside.
"He walked over to me, I thought he was going to hit me, but he came nose-to-nose with me and coughed in my face," Mr Andrikopoulos told the court.
"I felt saliva on my face. I was a bit worried because of coronavirus. I wasn't protected, my mouth wasn't closed. I was stressing."
In court on Tuesday, Magistrate Lacy said any exchange of bodily fluids amounted to a serious assault.
"It may not [involve] the infliction of a punch or the threat of a raised hand but in some respects it's more serious, given the risk to health, particularly at this period of time when there's heightened concern about COVID."
The court heard Cutmore was navigating the "stressful" breakdown of his 10-year relationship at the time and that he had a history of mental health problems.
He earlier pleaded guilty to a related charge of intimidation.
He was placed on the order and was also ordered to perform 100 hours of community service.
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