March 30, 2016

BB v Police: Common assault: All grounds appeal – appeal upheld, conviction quashed

Common assault, Crimes Act 1900 Section 61 – all grounds appeal – appeal upheld, conviction quashed

Facts:

BB was on the footpath outside a hospital, arguing loudly with his girlfriend. The commotion attracted four ambulance officers, who watched the argument from behind the ambulance bay’s fence. As the argument between BB and his girlfriend began to escalate, one of the ambulance officers – AM – tried to diffuse the situation by calling out to BB. Instead, BB’s anger turned towards AM, and BB began to swear at AM. At one point, BB walked towards the fence and threw a Styrofoam cup of water at AM. AM offered medical assistance to BB, but BB left the scene.

BB was convicted of common assault in the Local Court, and was sentenced to a 12-month good behaviour bond and a $500 fine.

Outcome:

O’Brien Solicitors assisted BB to appeal against the Local Court conviction. The appeal was against the conviction, or, alternatively, against the severity of the sentence. The appeal against the conviction was successful, and BB’s Local Court conviction was quashed.

Contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961