A teenager who claimed he did not see his positive COVID test result and went clubbing, forcing many people into isolation for Christmas, has been spared a conviction and fined $600.
Ralph James Mackenzie MacIntosh, now aged 20, pleaded guilty in the Adelaide Magistrates Court with failing to comply with South Australia's emergency management rules.
MacIntosh tested positive to COVID-19 on December 17, with SA Police previously alleging he failed to adhere to his quarantine requirements and spent several hours at the Loverboy nightclub on Hindley Street.
When the incident came to light, patrons at Loverboy during the exposure time were ordered to quarantine for seven days if they were fully vaccinated and 14 days if they were unvaccinated.
During his court appearance, MacIntosh's lawyer Stephen Ey said his client had a PCR test at the Royal Adelaide Hospital on December 17, but did not check his phone until the following morning when he noticed the positive result.
The court heard he then went to the Coffee Institute cafe in Walkerville with friends.
"He got taken by a friend, met four other people at the coffee shop; he never went inside, he arranged payment via a friend," Mr Ey told the court.
"He understands that's caused a great amount of angst to a number of people."
Mr Ey said MacIntosh had no criminal history and that the 10 hours he spent in police custody when he was arrested, as well as the 10 days in quarantine at the Pullman Hotel, "almost equates to a sufficient penalty".
The court heard MacIntosh had been subjected to abuse from "keyboard warriors" since the offence and had not been able to find work "for being ostracised because of what he did".
"It's had a great impact on him."
Magistrate Edward Stratton-Smith said MacIntosh "ought to have been on the alert" for his result after having the PCR test and that being in quarantine should not be treated as a penalty in this case.
"Many people who tested positive had to remain in isolation," he said during sentencing.
"The COVID pandemic, we all know it caused a lot of devastation economically and emotionally; it caused deaths around the world.
Magistrate Stratton-Smith said it was unlikely MacIntosh would re-offend.
"I had initially thought of imposing some community service so that what you had done was brought home to you," he said.
"But having regard to the peculiar facts and, in part, to the manner in which you came to realise that you were positive after you'd gone to Coffee Institute, I think the fine is appropriate."
MacIntosh has been fined $600 without a conviction and will have to pay victims of crime levies and court costs.
