Bondi pub: attempt excluded person re-enter premises, appeal severity: JC v Police

Facts: Bondi pub ejection

policeJC was in a pub in the Sydney suburb of Bondi early on a Sunday night. The manager of the pub observed JC having difficulty withdrawing cash from an ATM. He took it to mean that JC experiencing a high degree of intoxication. JC tried to explain that his difficulty was due to a faulty bankcard. Nonetheless, the manager decided to eject JC. Frustrated by this treatment, JC tried to re-enter the pub at another door, but was blocked by the manager. However, during this altercation JC grabbed the front of the victim’s shirt.

Bondi police then came and arrested him. They charged him with excluded person re-enter premises.

Outcome: excluded person re-enter premises conviction

In the Local Court, JC got a s.10 non-conviction for the common assault (Crimes (Sentencing Procedure) 1999 Section 10(b)). He was convicted of the charge of excluded person attempt to re-enter premises, and got a fine of $400.


We appealed to the District Court. The District Court accepted JC’s version of events and granted the severity appeal.



O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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