September 24, 2015

Police v NK

Key Words: Common assault, Crimes Act 1900 s 61 – affray, Crimes Act 1900 s 93C(1) – resist officer in execution of duty, Crimes Act 1900 s 58 – pub brawl – single punch – good behaviour bond, Crimes (Sentencing Procedure) Act 1999 s 9 – suspended sentence, Crimes (Sentencing Procedure) Act 1999 s 12

Facts:

NK and his friends were playing pokies. NK’s friend had a minor verbal disagreement with the victim. NK, unprovoked, punched the victim in the head, causing him to lose consciousness. NK fled the scene, but was located by police outside a kebab shop. NK ran when police tried to speak with him. After a short pursuit, police caught up with him. NK was violent when police attempted to handcuff him.

Outcome:

The charge of affray against NK was withdrawn during argument. NK received a 2-year good behaviour bond and a $1000 fine for the charge of common assault. He received an 8-month suspended sentence and another $1000 fine for the charge of resisting an officer in the execution of their duty.