April 18, 2018

LK – Court attendance notice given outside required time frame

Client involved in altercation on Oxford Street

In early August 2017, an altercation occurred between two males during the late hours on Oxford Street in Darlinghurst in Sydney. Upon seeing the altercation and believing that it was caused by homophobia, LK approached one of the males and started moving his hands around in an aggressive manner and yelling at the man. LK’s actions and language could be heard by numerous people within the vicinity. This eventually resulted in some pushing and shoving to which the police came and broke up the altercation.

Court attendance notice issued outside of 6 month time frame

LK was issued with a court attendance notice (CAN) in early February 2018 for the charge of behaving in an offensive manner. The issue in this case was whether the Local Court had the ability to hear the case in the first place. The offence of behaving in an offensive manner is a summary offence under the Summary Offences Act 1988 and legal proceedings for summary offences must be commenced no later than 6 months from when the offence was alleged to have been committed.

Successful legal arguments resulted in prosecution unable to move forward with proceedings

Our lawyer who represented LK made successful legal arguments indicating that the CAN was issued outside of the required 6 month time frame. Because the matter was brought after the required period, the prosecution could not bring any proceedings against LK and the charges were dismissed.