Wigan man avoids jail after 'disgusting' hepatitis spit attack

Wigan magistrates branded Colin Faulke behaviour “a disgusting series of assaults” wich have left shop staff and a member of the public “hanging in limbo” before giving him a suspended jail term.

The hearing was told that the 49-year-old was first stopped at the Newtown Asda hypermarket at 11.30am on February 2 and attempted to take security tags from items within the electronics section of the store.

Two security guards asked him to leave the store, which he did but was verbally abusive to them.

But at 3.25pm the same day Faulke returned to the store, entering via the George entrance.

The two security guards asked him to leave the store but the court heard he became aggressive and was shouting and swearing at both them.

As he started to leave the store he turned 180 degrees and spat in one of their faces and shouted “and that’s got hepatitis in it”.

During this incident a member of public shopping within the store was also hit in the face by spit and heard what the offender had just shouted.

The security guards then grabbed the defendant by his arms to prevent further assaults to themselves or other members of the public.

However he became increasingly aggressive and spat at the second security guard hitting her all over, he also spat at the first one again hitting her jacket.

Once the defendant had been arrested, all three victims went to Wigan Infirmary A&E to undergo hepatitis tests. They are still awaiting results.

The hearing was told that Faulkes, of Crow Lane West, Newton-le-Willows, had mental health issues.

But the chair of the bench told him: “This was a particularly disgusting series of assaults on shop staff and a totally innocent member of the public.

“You may well have mental health issues but that in no way excuses your behaviour particularly as you are also abusingdrugs. You knew exactly what you were doing when you spat in the faces of these people whilst shouting that you had hepatitis.

“You have left them hanging in limbo not knowing whether or not they have been infected and they will not know for many months.”

Admitting to three counts of assault by beating, Faulke was given an 18-week prison sentence, but the bench said they would suspend it for 18 months on account of his mental and drug misuse issues and the need to get them addressed.

He must fulfil a drug rehabilitation requirement and complete rehab activities as well as pay each of his victims £300.