June 24, 2013

Police v RL

Key Words: Affray – section 93C Crimes Act 1900 – plea of not guilty – charge dismissed

Facts:

RL was involved in an incident which resulted in her being charged with Affray, an offence which carries a maximum penalty of 10 years. RL pleaded not guilty on the basis that she was involved in a one-on-one consensual fight.

Outcome:

It was argued that the prosecution had failed to prove an Affray at law. It was argued that, in the circumstances of a contained, one-on-one fight consensual fight, it could not be established beyond reasonable doubt that a reasonable bystander would fear for his or her own safety.

The magistrate dismissed the charge.

Testimonial:

“I didn’t want to plead guilty to this offence. Thanks for your help Peter.”