A 19-year-old Army solider who repeatedly told police he was "higher than them" after a night out has had his charge dismissed in court.
Narromine's Carlos Nykolyn pleaded guilty to one charge of continuing intoxicated behaviour after being given a move on direction by police on December 19 last year.
The 19-year-old was near the intersection of Church and Macquarie Street in Dubbo about 3.25am when he approached security guards at the Amaroo Hotel advising them of an incident he'd witnessed.
The guards asked him to leave the area when he told them "you can't do anything because I'm in the army".
Police approached Nykolyn and told him to head to the nearby police station to report his concerns.
"If you want to look, I'm in the Australian Army, I'm higher than you," Nykolyn told police.
Court documents revealed his friend intervened to try and remove him from the scene.
"He's not going to arrest me because I'm higher than him," Nykolyn said.
"I'm sorry I'm not being bigger than you, but I am in the Army, I'm higher than you. "
After repeatedly mentioning his role in the Army police issued Nykolyn an official move on direction and told him to leave the area.
Ten minutes later police spotted Nykolyn about 150 metres down the road on Macquarie Street, before he pulled out an Australian Defence Force identification card.
"I'm in the Australian Army and it's my job to serve and protect and there are a bunch of people starting trouble around here for no reason," he said.
"They're civilians they can't be doing that, if they continue I'm going to have to flog them myself."
In court documents police said Nykolyn appeared to be under the influence of alcohol or drugs, his speech was slurred and he was unsteady on his feet.
Police advised the 19-year-old it would be best if he head home, however said he continued to "ramble" on about his position in the defence force.
Nykolyn's friends apologised to police and attempted to take him home, when police saw him walk up to an unknown group of people and began to argue with a man.
Court documents revealed he continued to ramble on about his position and refused to leave the area despite being told by police to six times.
Police threatened to arrest him if he didn't leave the area when Nykolyn yelled at officers.
"Don't talk to me until you've shot people, I've seen five-year-olds die and have served in Afghanistan," he said.
In Dubbo Local Court on Wednesday, defence lawyer David Hemsworth said Nykolyn was supported in by his commanding officer in the Army.
"It was his first night back in Dubbo with friends when he committed the offence," he said.
Magistrate Brian van Zuylen said it was appalling behaviour for someone in the Army, and Nykolyn should have felt humiliated.
"You were asked to go and you carried on about being in the Army and you thought you were more important than the police, well you are and you aren't," he said.
"Maybe it was the alcohol rather than common sense and intelligence."
Taking into consideration Nykolyn's service to Australia, youth and no criminal record, the charge was dismissed.
"There may be some discipline from the Army," Magistrate van Zuylen said.