A teenager has avoided punishment after he spat on a Hotel Illawarra security guard in what his lawyer described as a "low act".
Nineteen-year-old Mark Maddison was lining up outside Hotel Illawarra on December 12 about 1.20am when he approached the security guard who was speaking with another patron.
The Shell Cove resident asked, "are you going to let us in now, stop wasting our f---ing time and I'll f--- off", to which the guard replied, "yeah you're not coming in man, just go".
As the guard turned his back, Maddison spat at him, landing on the man's back.
Another guard saw incident before Maddison ran across the road and taunted the guard to "come over".
As the guard approached him, he signaled a passing police car before yelling out to the officers, "he just spat on me".
The officers got out of their car and Maddison attempted to run from them but was caught soon after.
Maddison became aggressive and refused to tell officers his name. He was arrested and taken to Wollongong police station.
Once there, police said Maddison became instantly remorseful and apologised before he was told to attend court for a common assault charge.
In Wollongong Local Court on Tuesday, defence lawyer Nixon Hanna said his client had been drinking at a friend's birthday party prior to going to Hotel Illawarra and was "quite intoxicated" at the time.
He said Maddison was remorseful and ashamed of his actions, which were "completely out of character", adding his client acknowledged it was a "low act".
Mr Hanna said Madison lived at home, was unemployed but was completing his traffic control licence, and had no criminal history.
"This is the first time time he has been in a courtroom and it is an eye opener," he said.
Mr Hanna also noted Maddison had written an apology letter to the security guard and hotel staff.
Magistrate Michael O'Brien said no one deserved to be spat on, adding Maddison was "caught up in the hubris of youth and too much alcohol".
"You would expect to be shown courtesy at your job. Security guards confront many people each night who are drunk, disorderly and obnoxious. That is not something that should happen but it is a part of their work," he said.
"You are a young man and you have realised this conduct is something to rightly be ashamed of and I hope you resolve to do better in the future."
Magistrate O'Brien did not record a conviction but placed Maddison on a 12-month conditional release order.
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