Michael John Frail jailed after attacking staff at Summer Street IGA store

Michael John Frail, 40, of Waratah Avenue, was at Ashcroft's Supa IGA in Summer Street, at 11.10am on May 22, and was swearing at staff members and other customers.

The victim approached him to tell him his language was not acceptable in the shop.

The reprimand upset Frail who said, "I'll stab you c***".

Frail also told the employee to "get f***ed", and "get lost you c***."

The victim asked him again to stop swearing and Frail tried to punch him.

The victim dodged the punch with Frail's fist coming close to his face.

Frail's behaviour made the victim fear for his safety and the safety of other staff members and customers.

On June 10, the victim attended Orange Police Station to provide a typed statement in relation to the matter.

The police attended Frail's address at 6.45pm on June 25.

He told police he'd had a bad day and said he told the worker to "piss off" and denied tying to hit the manager.

However, the incident was captured on the Supermarkets CCTV system.

Magistrate David Day sentenced Frail to seven months full-time jail with a three-month non-parole period for assault and for intimidation.

However, Mr Day granted Frail bail pending a severity appeal that will be mentioned in the District Court in December.

Solicitor Jessica Kitch said Frail had previously been dealt with by mental health provisions in court and has engaged with his mental health treatment. However, she said he also had a relapse with alcohol.

However, Mr Day said he had previously imposed Intensive Correction Orders on Frail which were reduced to Community Correction Orders on appeal. Mr Day said those orders were still in place at the time of the offence meaning he was on conditional liberty but he decided to take no action on the breaches.

Although Frail had a documented history of mental health issues Mr Day said in this case there was no psychiatric relapse and intoxication was the main factor for his behaviour at the supermarket.

However, he did factor Frail's mental health as a special circumstance while handing down the jail sentence.

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