May 2, 2018

Public Order Case Studies

O’Brien Criminal and Civil Solicitors are expert criminal lawyers. Here are a number of successful cases where O’Brien Criminal and Civil Solicitors have secured a favourable result for our clients who have been charged with public order offences.

Affray

BDK – Representations to police prosecution results in affray charge withdrawn

BDK’s friend started a physical altercation with a group of males after they insulted and harassed BDK’s girlfriend.  BDK became physical engaged in the fight after failing to calm down the group. At the end of the fight, BDK was charged with affray. We made submissions to the police prosecution on behalf of our client, seeking to have the charges dismissed. The charges were withdrawn after we successfully argued to the police prosecutors that our client was acting in self-defence.

Key terms: Affray, Section 93C(1) Crimes Act 1900 – representations to the police prosecutor – charge completely withdrawn

RHB Affray charges withdrawn

Our client was charged with behaving in an offensive manner in a public space, and affray after a night out with friends. The group were throwing rocks at a restaurant during their rowdy behaviour. Whilst acting for RHB, we sent representations to the prosecution prior to the trial beginning, that there was no video evidence of RHB actively participating in the throwing rocks. The prosecution withdraw the charge of affray, and RHB pleaded guilty to the remaining charge of offensive behaviour. He was given a non-conviction order.

Key terms: Behave in an offensive manner in a public place, Section 4(1) Summary Offences Act 1988 – affray,Section 93C(1) Crimes Act 1900 – weak evidence against accused – plea negotiation, charge withdrawn – plea of guilty – good behaviour bond, Section 10(1)(b) Crimes (Sentencing Procedure) Act 1999

KPP – Non-conviction order given for charge of offensive behaviour

After being involved in a pub brawl KPP was charged with offensive behaviour and affray. After reviewing the CCTV footage of the incident in court, KPP’s affray charge was dismissed. A non-conviction order was recorded for the charge of offensive behaviour.

Key terms: Offensive behaviour within hearing from a public place/school,Section 4 Summary Offences Act 1988 – affray – Section 93C Crimes Act 1900 – pub brawl – violent offence – no conviction – section 10 Crimes (Sentencing Procedure) Act 1999

RL – Charges dismissed after defence successfully raises doubt in prosecution’s case

RL was charged with affray to which she pleaded not guilty. It was argued that RL was involved in a one-on-one consensual fight which could not establish beyond reasonable doubt that a reasonable bystander would fear for his or her own safety. Accordingly, the Magistrate dismissed the charge.

Key terms: Affray – section 93C Crimes Act 1900 – plea of not guilty – charge dismissed

Behaving in an offensive manner in public

KXP – No conviction recorded for charges of affray and behaving in an offensive manner

KXP was drinking at a hotel when a brawl started between KXP and another occupant of the hotel. Security called the police who detained and charged all parties with affray and behaving in an offensive manner in public. After pleading guilty in the Local Court, we made submissions on behalf of KXP outlining her good behaviour, lack of criminal record and other relevant factors. No conviction was recorded.

Key terms: Behave in offensive manner in publicSection 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

KPP – Non-conviction order given for charge of offensive behaviour

After being involved in a pub brawl KPP was charged with offensive behaviour and affray. After reviewing the CCTV footage of the incident in court, KPP’s affray charge was dismissed. A non-conviction order was recorded for the charge of offensive behaviour.

Key terms: Offensive behaviour within hearing from a public place/school,Section 4 Summary Offences Act 1988 – affray – Section 93C Crimes Act 1900 – pub brawl – violent offence – no conviction – section 10 Crimes (Sentencing Procedure) Act 1999

Disorderly conduct

SHK – Non-conviction order given after tendering psychiatric evidence

Police found SHK verbally abusing airport staff. One of the police officers obtained SHK’s driver’s licence and began to record SHK’s details. SHK demanded her licence back and attempted to physically retake her licence. She was arrested by police to which she continued to struggle. She was charged with obstruction of Commonwealth public officials and behaving in a disorderly manner at an airport. During a plea negotiation, our client pleaded guilty to the disorderly conduct charge in exchange for the obstruction charge being withdrawn. We represented SHK in her sentencing hearing where we tendered psychiatric evidence that showed that there was no risk of her reoffending. The Magistrate took this into consideration and given a Section 10 non-conviction order in relation to second charge.

Key terms: 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

Contact O’Brien Criminal and Civil Solicitors on  (02) 9261 4281 for legal advice on your case. The first consultation is free.