March 30, 2016

Bondi pub: attempt excluded person re-enter premises, appeal severity: JC v Police

Bondi pub – attempt by excluded person to re-enter premises, Liquor Act 2007 Section 77(6) – common assault, Crimes Act 1900 Section 61 – plea of guilty – appeal against severity

Facts:

JC was in a pub in the Sydney suburb of Bondi early on a Sunday night. The manager of the pub observed JC having difficulty withdrawing cash from an ATM, and took it to mean that JC was highly intoxicated. JC tried to explain that his difficulty was due to a faulty bankcard, but the manager nonetheless decided to eject JC. Frustrated by this treatment, JC tried to re-enter the pub at another door, but was blocked by the manager. During this altercation JC grabbed the front of the victim’s shirt.

In the Local Court, JC was given a s.10 non-conviction for the common assault (Crimes (Sentencing Procedure) 1999 Section 10(b)). He was convicted of the charge of excluded person attempt to re-enter premises, and was fined $400.

Outcome:

The District Court accepted JC’s version of events and granted the severity appeal.

If you need to appeal a verdict or sentence severity, contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 24 hours a day, 7 days a week to get help from one of our appeal lawyers in our Sydney office.