Jack Fresen pleaded guilty to serious assault occasioning bodily harm, after he kicked a man unconscious during a drunken fight.
Jack Fresen pleaded guilty to serious assault occasioning bodily harm, after he kicked a man unconscious during a drunken fight.

‘Disgusting act’ 22yo spat blood in Gympie nurse’s face

A GYMPIE father who kicked a man in the head so badly he was placed in an induced coma committed the assault while on bail for spitting blood into a nurse's face.

On November 3, last year, Jack James Daniel Fresen, 22, was admitted to Gympie Hospital for an emergency evaluation for an "emotional disturbance."

He became agitated, and tried to escape through the bathroom; breaking a toilet bowl and window security screen in his attempt.

Security guards arrived and stopped him, but he wrapped a shirt around his neck and threatened to kill himself.

Fresen continued struggling as a nurse tried to sedate him, and he told her he did not like needles.

The nurse managed to inject him once, but he continued struggling and swearing at her.

As she tried to inject him again Fresen spat a mouthful of blood and saliva into her face.

Fresen was charged with wilful and unlawful property damage, and unlawful assault of a public officer performing their duty and was released on bail.


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Fresen faced Gympie District Court last week for the "disgusting" attack.

Judge Gary Long said not only was this degrading and reprehensible behaviour, he had also caused ongoing concern for the nurse while she waited for disease test results.

Mr Long said although Fresen was "psychologically upset" at the time, he had the capacity to know what he was doing when he spat.

Just over a month later, Fresen kicked a man in the head and knocked him out during a drunken fight, and was charged with serious assault occasioning bodily harm and taking part in a public fight while intoxicated.

On December 13, Fresen and his friends who had been drinking together arrived at a hotel on Mary Street, the court heard.

While outside the hotel, the complainant, Timothy Ogilvie, and group approached them, some of whom were minors.

Jack Fresen pleaded guilty to spitting on a Gympie nurse late last year.
Jack Fresen pleaded guilty to spitting on a Gympie nurse late last year.

CCTV footage showed the groups arguing, and when Fresen pushed one of the minors, a fight broke out.

Mr Ogilvie was chased by Fresen's co-offenders, and was struck down on the other side of the road.

Fresen was told to stay put but he ran across and kicked Mr Ogilvie in the head while he was on the ground, knocking him unconscious.

He kept kicking Mr Ogilvie until bystanders stepped in and an ambulance arrived.

Mr Ogilvie was taken to Gympie Hospital with a moderate to severe concussion and had to be intubated.

Mr Ogilvie was placed in an induced coma with suspected brain swelling and flown to Sunshine Coast University Hospital.

He made a full recovery, but Mr Long said it was very fortunate the injuries were not as serious as they could have been.

Mr Long also said it was clear that there was some sort of premeditation to the assault, as Fresen had the opportunity to stay outside the hotel but chose to cross the road and continue attacking Mr Ogilvie.

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Fresen's lawyer, Jacob Robson, said his client had no memory of the fight due to being affected by alcohol.

Police interviewed Fresen on December 14, and he denied the assault, but after being shown the CCTV he identified himself and said he had done it but did not remember.

The court heard Fresen was charged and has been in pre-sentence custody since then.

Mr Robson said Fresen had acknowledged he had a problem with alcohol; he did not drink every day but when he did, more than once a week, he would binge drink.

Mr Robson said Fresen turned to alcohol soon after his mother took her own life seven years ago, and said there was a link between his drinking and violence.

The court also heard that Fresen was a new dad, with has partner having gave birth three weeks ago.

Mr Long gave Fresen a head sentence of two years, but released him on parole on Friday, July 24, and said his seven months in pre-sentence custody was time served.

Fresen was also ordered to perform 100 hours of community service within a year.