Police v DGM

Key Words: Escape police custody (NSW common law) – behave in offensive manner near public place, Section 4(1) Summary Offences Act 1988 – common assault, Section 61 Crimes Act 1900 – plea negotiation and good behaviour bond – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999

Facts:

DGM was in the smoking area of a pub, which opened out onto a road. When DGM began to urinate onto the road the complainant alerted security to DGM’s behaviour, and DGM was escorted from the premises. Shortly afterwards, DGM returned to the premises and punched the complainant in the jaw. Police attended and detained DGM. At one point during his detention, DGM sprinted away from police before slipping and hitting his face on the bumper of a parked taxi. DGM was charged with escaping police custody, common assault and behaving in an offensive manner near a public place.

Outcome:

The defence entered into a plea negotiation on behalf of DGM. The prosecution agreed to withdraw the charge of escaping police custody in exchange for DGM pleading guilty to the charges of common assault and offensive behaviour. An amended fact sheet reflecting this agreement was handed up. On these amended facts, DGM was sentenced to a 12 month good behaviour bond (for the offensive behaviour) and a fine (for the common assault).