Byron Douglas Warwick McDonald (42) of Miller Street, was before Parkes Local Court on Monday, December 2, charged with larceny and resist an officer while in the execution of duty at Parkes on August 4, 2019.

According to police facts tendered in court, McDonald entered the Coles supermarket at 6.30pm and walked around the store selecting a number of products before attending the front cash registers.

He asked to buy cigarettes and was sent to another counter to purchase all the items together.

A Coles employee placed three packs of Winfield Red cigarettes on the counter before McDonald put them in the basket with his other items and walked out of the store.

An employee followed him from the store and noticed police officers in the same area, so alerted them to the theft.

Officers recognised McDonald and called him by name, requesting him to stop.

When asked to produce a receipt he turned to walk away.

Police took hold of the basket and a wrestle broke out as they tried to restrain McDonald.

He was handcuffed while on the ground, arrested and taken to a caged police vehicle.

McDonald resisted officers the entire time and while they were attempting to put him in the cage he began to violently kick out, preventing the door from closing.

He was sprayed with OC spray which took effect and allowed the door to be closed.

McDonald was taken to Parkes Police Station where paramedics attended and treated him for the effects of the pepper spray.

He refused to be interviewed.

Representing McDonald, Aboriginal Legal Service solicitor Molly Bland told the court her client had a lengthy history of drug abuse.

"He commenced cannabis use at the age of eight, he began taking heroin at the age of 15, and ice by the age of 30," she said.

"At the time of offending, Mr McDonald instructs me, he was hearing voices.

"I understand that he is now medicated.

"I ask that Your Honour takes into account his upbringing and the impact that would have on his offending."

Magistrate Philip Stewart said the record of Mr McDonald is not a good one at all.

"There have been matters of dishonesty over a lengthy period of time and ongoing drug matters over many, many years," he said.

"Leniency is difficult to afford a person with such a record.

"Persons who are on parole are expected to remain of good behaviour and not commit further offences - that has not happened in this case.

"Police are entitled to go about their duty without people carrying on the way in which Mr McDonald did."

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