Police v BPR

Key Words: Affray, Section 93C(1) Crimes Act 1900 – common assault, Section 61 Crimes Act 1900 – armed with intention to commit serious indictable offence, Section 114(1)(a), Crimes Act 1900 – representations to prosecution – charges withdrawn – plea of guilty – good behaviour bond, Section 9 Crimes (Sentencing Procedure) Act 1999

Facts:

BPR lived in a block of flats in the inner city. On the night of the incident, she could hear the complainant downstairs causing a loud commotion. She went to the railing outside of her unit, shouted “Shut the fuck up!” and went back inside. Shortly afterwards, the complainant knocked on BPR’s door and began a verbal argument with BPR. BPR went back inside, fetched a bedpost, and tried to get the complainant to leave. In the course of doing so she swung the bedpost at him once, but did not cause him injury.

When BPR was taken in by the police she made full and frank admissions to the use of the bedpost to try and warn the complainant off her doorstep.

Outcome:

Representations were made to the prosecution, to the effect that police had been incorrect to charge BPR with both affray and being armed with an intention to commit a serious indictable offence. On the strength of these representations, those two charges were withdrawn. BPR plead guilty to the remaining charge of common assault, and was sentenced to a 12-month good behaviour bond.