January 11, 2017

Affray: representations to prosecutor & charge withdrawn: Police v BDK

Affray, Section 93C(1) Crimes Act 1900 – representations to the police prosecutor – charge completely withdrawn

Facts:

On the day of the incident, BDK attended Randwick Racecourse with his girlfriend and a friend. Towards the end of the day BDK’s girlfriend was insulted and harassed by a group of males, causing her to cry.

BDK decided to leave with his girlfriend. As they were leaving, BDK’s friend spotted the group of males who had harassed BDK’s girlfriend. BDK’s friend started a physical altercation with these males.

He was quickly overpowered and was knocked to the ground. BDK saw that his friend was in serious trouble, and tried shouting at the group of males to “calm down”. When that failed, BDK became physically engaged with the males.

At the end of a brief fight, BDK was apprehended by security and handed over to police. He was charged with affray.

Outcome:

O’Brien Criminal and Civil Solicitors made representations to the police prosecutor on behalf of BDK, asking that the charges be dismissed before proceeding to trial.

The argument made in the submission was that BDK clearly acted to protect his friend, which constitutes self-defence (self-defence extends to defence of a third person). Given the clear defence, the representations suggested to police that the matter be resolved without the expense of a contested trial. Police accepted these representations, and the charge was withdrawn.

Contact O’Brien Criminal and Civil 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