Police v SHK

Airport offences ­– obstruction of Commonwealth public officials, Section 149.1(1) Criminal Code Act 1995 – behave in a disorderly manner at an airport, Regulation 4BZ Airports (Control of On-Airport Activities) Regulations 1997 – successful plea negotiation – non-conviction order, Section 10(1)(a) Crimes (Sentencing Procedure) Act 1999

Facts:

Police were called to a check-in counter at Sydney Airport, where they found SHK verbally abusing airport staff. One of the officers obtained SHK’s driver’s licence and began to record SHK’s details. At some point during this process, SHK demanded her licence back. When SHK attempted to physically retake her licence, she was arrested by police before being handcuffed and removed to a police vehicle. SHK continuing to struggle against the police.

SHK was charged with two offences: obstruction of Commonwealth public officials; and behave in a disorderly manner at an airport.

Outcome:

SHK accepted her guilt in relation to the charge of disorderly conduct. During plea negotiation, SHK offered to plead guilty to the disorderly conduct charge in exchange for the obstruction charge being withdrawn. During the plea negotiation, it was submitted that SHK had been suffering from depression due to the unexpected loss of a family member. Furthermore, psychiatric evidence showed that there was no risk of SHK reoffending.

In light of these facts, the first charge was withdrawn and SHK was given a Section 10 non-conviction order in relation to second charge.

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