Alexander Cormack threatens to cave magistrates 'f---ing head in'

Alexander Stephan Cormack, 30, of north Parkes, appeared in court via an audio visual link from Wellington Correctional Centre and pleaded guilty to behaving in an offensive manner in Forbes Local Court and intimidating magistrate Brett Thomas.

Magistrate David Day said Cormack had just finished an intensive correction order, which is a community-based jail sentence, and he read out some of Cormack's previous offending and the conditions of the ICO when the case came before him in Orange.

"The offending is aggravated by his extensive record, the victim of his intimidation was one of my brother magistrates," Mr Day said.

"Because he didn't like what happened to him he threatened His Honour."

Cormack attempted to speak over Mr Day and then announced he was leaving the AVL suite. "Thank you, take care," he said, stood up and knocked on the door to be let out of the room despite the proceeding continuing.

"I cannot sentence him in his absence because he's not getting a community correction order," Mr Day said and asked the court staff to call the jail and have Cormack returned to the suite.

"I will have him muted so he doesn't commit further offences."

According to court documents provided to Mr Day, Cormack was brought before Mr Thomas in Forbes Local Court on Monday, April 17, for a bail application for an alleged robbery offence.

During the proceeding, Cormack spoke over the prosecutor and was warned by the magistrate to stop speaking.

The magistrate after hearing evidence from the police prosecutor and Comack's solicitor refused to grant him bail.

In response, Cormack stood up in the dock and said it was his land and the magistrate was no longer welcome.

He then leaned backwards and spat onto the defence and prosecutor's table.

The saliva travelled about two metres. His actions were witnessed by two court staff members, his solicitor, a prosecutor, two police officers and the magistrate. It was also captured on CCTV.

Cormack was removed from the dock by police and escorted out of Forbes Local Court.

On exiting the building the he called out "this is my land, you are not welcome you mother f---er."

As he was being lead back towards Forbes Police Station he continued to speak out.

"If I see the magistrate on the streets I will cave his f---in' head in. I will show you an indictable offence."

After being placed in a cell, police returned to the courthouse and told the prosecutor what had transpired.

Cormack refused to answer any questions about the offences but continued to spit inside the holding cell.

Mr Thomas was not willing to make a formal statement at the time but police believed the threats to be serious and that Cormack could or would carry them out if he saw the magistrate out in public.

Cormack was muted when he was brought back to the AVL suite to be sentenced in Orange Local Court.

He appeared to talk throughout the rest of sentencing hearing but his lawyer Sharyn Woolf and Mr Day were able to discuss the case without further interruption.

"He's a proud Indigenous man, this offence happened when he was not mentally sound," Ms Woolf said.

"He was coming off drugs and had been in the holding cells at the police station.

"He had not slept for a considerable amount of time.

"He thought he was in for one thing and was in for another thing and it didn't help his mental health."

She also said he had recently gained employment.

Mr Day accepted Ms Woolf's submission that Cormack was confused because "his mind was rattled by substances".

Ms Woolf said he now understands what he did was "not good" and he has pleaded guilty.

Cormack put his fingers in his ears as the proceedings continued.

Mr Day said the offence was not a threat to the community in general but a statement to a judicial officer who he misunderstood.

"It's something that circuit judges fear," Mr Day said referring to Cormack's the threat to harm the magistrate if he saw him in the community.

Mr Day convicted Cormack without further penalty for spitting in the courtroom.

However, he gave him a two-year ICO for intimidating the magistrate. The community-based jail sentence will require him to comply with rehabilitation, treatment or intervention programs, abstain from drugs unless prescribed, attend counselling for aggressive and violence behaviour.

"He's had his little time in jail," Mr Day said.

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