A Towradgi man has been jailed for refusing to wear a face mask inside a service station before punching a COVID-safe barrier protecting an attendant.
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Jeremy Lee Sing, 45, will spend three months in prison after he was sentenced in Wollongong Local Court on Monday.
Documents tendered to court said Sing walked into the Metro Service Station located at the intersection of Princes Highway and Jardine Street, Fairy Meadow, in the afternoon of July 9.
Sing was wearing a medical-grade face mask, which was hooked over his ears but tucked under his chin, and he started walking around the store picking up items from the fridges and shelves, whilst passing other customers who were correctly wearing face coverings.
Sing approached the front counter and started to bait and harass the service station attendant by saying, "why did you watch me walk" before the attendant said, "I watch everybody" prompting Sing to yell, "that's racist".
He then touched items on the counter and the attendant asked him to stop due to the COVID restrictions in place before Sing said, "I'm touching your lighters".
Sing walked up to the clear protection screen and yelled, "you want to see a strict lockdown, how about I jump over there and stomp on your f****** head".
He then punched the screen with a clenched fist, causing it to fly across the counter and hit the attendant in the face.
The attendant immediately pressed the duress alarm. Sing started pleading with the man to not call police before he pulled several stolen items out of his pockets, placing them on the counter.
Sing left the store and returned home while police attended the store to view the CCTV footage. Officers identified Sing through his distinctive tattoos.
The following day, police arrested Sing at his unit before he was taken to Wollongong Police Station where he was charged with not wearing a fitted face covering in a business under the Public Health Act; intimidation and behaving in an offensive manner in a public place.
In court on Monday, defence lawyer Ron Davis said his client was on the disability support pension and suffered from bipolar and schizophrenia which he was being treated for with monthly depot injections.
Mr Davis explained Sing, who was on parole at the time, had not received his depot injection for two weeks prior to the incident and he was "not feeling right".
Mr Davis said Sing conceded he overreacted to the attendant saying he had stolen items and was remorseful, adding he had a face mask but he did not attempt to put it on his face. Sing has since been given his injection and was more stable.
Magistrate Gabriel Fleming said the breach of the Public Health Order was "serious" as he was deliberately had not worn his face mask and had walked around touching items.
She could not give Sing any leniency for his lengthy criminal record that included matters of violence and terms of imprisonment, however she did take into account his mental health status at the time.
"It is important to send a very strong message to you and the community that matters of violence and not complying with Public Health orders during a pandemic that causes hospitalisation and death will be taken seriously by the court," Magistrate Fleming said.
Sing was sentenced to three months in prison for not wearing a face mask and nine months in jail with a non-parole period of six months for the intimidation offences, and fined $200.
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