AFP v HW

Key Words: Australian Federal Police – Trespass – Airport  security – dismissal – no conviction recorded, section 19B Crimes Act 1914 (Cth)

Facts:

Police had charged H with a federal offence under r 3.17(2) Aviation Transport Security Regulations 2005 following a scuffle with security at Sydney Domestic Airport. Australian Federal Police arrested H after it was alleged that he walked into a Security Restricted Zone and walked onto a tarmac without permission or good cause. H was under the influence of alcohol at the time the allegations were said to have occurred.

Held:

It was successfully argued with consideration of the character, age and the limited criminal history of the accused, that the charges be dismissed under section 19(b) Crimes Act 1914.

Following the Firm’s representation, the Local Court Magistrate was satisfied that although the charge against the accused could be proved, the offence was trivial enough in nature for leniency to be granted in this case.