No appeal for man who spat at a police officer

THE Attorney-General has declined to appeal the sentence of a man who spat at one Hervey Bay police officer and head butted another, despite public outcry at the sentence.

Tony Anthony Kirby, 35, was sentenced in Maryborough District Court earlier this month to a two-year wholly suspended jail term, and two years probation for the shocking attack.

Kirby spent just 30 days behind bars for the crimes, despite having a significant and violent criminal history.

Both the Queensland Police Union of Employees and Member for Hervey Bay Ted Sorensen made calls at the time for Attorney- General Yvette D'Arth to appeal the decision.

But the calls have not swayed Ms D'Arth.

"The independent Office of the Director of Public Prosecutions has advised there are no reasonable prospects of a successful appeal in this matter. On that advice, no appeal will be lodged," a spokesperson for Ms D'Arth said.

Mr Sorensen slammed the Attorney-General for her position.

"The government is pretty weak," he said.

Mr Sorensen said his concern was for the officers.

"These guys on the frontline shouldn't have to put up with that rubbish," he said.

Member for Maryborough Bruce Saunders said Ms D'Arth "must have her reasons" for making the decision not to appeal.

"There must be some reason," he said.

Mr Saunders said he would talk to the Attorney-General about increasing the penalties for assaulting a police officer, health worker or emergency services officer.

The currently maximum penalty is 14 years in prison.


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