September 24, 2015

Police v JK

Common assault – section 61 Crimes Act 1900  – custody of knife in public placesection 11C(1) Summary Offences Act 1988  – pub brawl – suspended sentencesection 12 Crimes (Sentencing Procedure) Act 1999  – community service order – section 8 Crimes (Sentencing Procedure) Act 1999 

Facts:

The first incident occurred when JK became aggressive towards the victim outside of a pub. After JK brawled with the first victim, the manager of the pub attempted to escort JK off the premises. In doing so, the manager was assaulted by JK.

The second incident happened some days later, and involved JK assaulting a pub employee. JK was later apprehended running through a park. The police alleged that JK had a small knife on him at the time of apprehension.

Outcome:

JK received a 12 month suspended sentence and a community service order of 200 hours. During the hearing the allegation of the knife was found to be unproved, and the charge of custody of a knife in public was dismissed.

Contact O’Brien Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961