JC was in a Bondi pub 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.
The District Court accepted JC’s version of events and granted the severity appeal.