March 18, 2019

WD – Client has charge dismissed for good character

Keywords: Power to give directions – Part 14, Law Enforcement (Powers and Responsibilities) Act 2002; Dismissal of charges – section 10(1)(a), Crimes (Sentencing Procedure) Act 1999

Facts:

WD was charged for failure to comply with direction. WD was drinking at a bar in Sydney. Security at the location deemed WD to be intoxicated and asked him to leave the premises. He was informed that upon being asked to leave a licenced premises he was required to move 50 metres away from the location. A confrontation ensued and the police were called. The accused was then warned a number of times to leave the scene as he had been given an official move on direction. O’Brien Criminal and Civil Solicitors was able to successfully demonstrate that, in addition to having no criminal record, WD had strong professional and personal ties in Australia, where he hoped to become a permanent resident.

Outcome:

The accused pleaded guilty to the offence of refusal/failure to comply with direction under Part 14 of Law Enforcement (Powers and Responsibilities) Act 2002. However, O’Brien Criminal and Civil Solicitors was able to demonstrate WD’s good character and the charge was dismissed without conviction or penalty, pursuant to s10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).