A MAN who spat on police officers in an attempt to transmit hepatitis C has abandoned an appeal against his sentence.
Phillipe James Kilb, 40, was jailed for seven months last week when he appeared in Ballarat Magistrates Court and pleaded guilty to 16 charges.
But upon an indication from Judge Michael Tinney yesterday that his sentenced could be increased, Kilb decided to stick with the original jail term.
The County Court in Ballarat heard that Kilb had committed a string of offences between January and April this year.
It all started on January 20 with an incident at a campsite in Ararat, where Kilb used a steering lock to repeatedly strike a car during an argument with two men.
Crown prosecutor Deborah Mandie said the men fled the scene in fear and were left with a damage bill of more than $800.
Then on March 8, Kilb head-butted a man over a $50 debt and smashed his car windscreen with a broom.
Two days later Kilb was taken into custody following threats he made to owners of a caravan park, but when officers tried to put him in a cell he struggled with them, screaming and demanding a cigarette.
At one point police had to use capsicum spray on Kilb, who then warned the officers he was hepatitis C positive and would spit in their faces to transmit the disease.
Ms Mandie said that as he was eventually put in the cell, Kilb spat three times at officers, narrowly missing them.
The court heard that during the most recent incident in April, Kilb punched a supermarket employee member in the head after the staff member intervened in another altercation. After the punch Kilb said “cop that, I’ve got hep C, now you’ve got it too”.
Upon hearing the summary and reading Kilb’s “very significant” criminal history, Judge Tinney issued a formal warning that if the case went ahead he might increase the penalty.
After briefly consulting her client, defence lawyer Ruth Champion abandoned the appeal.
Kilb, from Stawell, has already served more than four months in prison.
He pleaded guilty to charges including assault with a weapon, intentionally damaging property and resisting police.