Affray Charge Withdrawn due to self defence (of a 3rd person)
Charged with Affray at Randwick Racecourse in defence of girlfriend
On the day of the incident, BDK attended Randwick Racecourse with his girlfriend and a friend. However, towards the end of the day, his girlfriend was subjected to insults and harassment by a group of males, causing her distress.
BDK decided to leave with his girlfriend, but his friend spotted the group of males who had harassed her and began to start a physical altercation with them.
The group quickly overpowered BDK’s friend, and BDK attempted to intervene and calm the situation. When this failed, he became physically engaged and as a result was apprehended by security.
The security then handed him over to police where they charged him with affray.
Representations to police prosecutor – charge completely withdrawn
O’Brien Criminal and Civil Solicitors represented BDK and made submissions to the police prosecutor requesting the dismissal of the affray charges before proceeding to trial.
We argued that BDK’s actions were in self-defence, as he was acting to protect his friend, which constitutes self-defence (self-defence extends to defence of a third person). The submissions suggested that the matter could be resolved without the expense of a contested trial, given the clear defence.
Police accepted these representations, and the charge was withdrawn.
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