June 23, 2017

Police v KXP: Behave in offensive manner in public and affray

Behave in offensive manner in public, Section 4(1) Summary Offences Act 1988 – Affray, Section 93C(1) Crimes Act 1900– Order for non-conviction and good behaviour bond, section 10(1) Crimes (Sentencing Procedure) Act 1999

Facts:

KXP was drinking at a hotel in Darlinghurst in Sydney’s inner suburbs during the early hours of the morning with friends. KXP’s friend obtained a chair from another table when they their occupants left to utilise the designating smoking area. When the occupants returned, they asked for the chair back which resulted in a brawl between the parties.

Security removed both parties from the premises and contacted police. Police detained and charged all participants with affray and behaving in an offensive manner in public. KXP instructed the defence to plead guilty upon appearance at Downing Centre Local Court in Sydney.

Outcome:

Upon sentencing, the defence made submissions regarding KXP’s prior good behaviour and lack of past criminal records. Submissions also included a statement from KXP’s old school teacher regarding her character and background. On these facts, the magistrate made an order for non-conviction with a 12 month bond for good behaviour.

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