From Criminal Defence to Civil Justice, We Secured Victory Twice for this Client: Our client, Dee*, came to us facing a criminal charge of Behaving in an Offensive Manner. Thanks to our experienced criminal lawyer team, the charge was withdrawn before the court.
However, we didn’t stop there. We also successfully pursued a civil claim against NSW Police on his behalf.
Read our other successful Criminal Case Studies.
Case Summary: Behaving in an offensive manner
Dee was charged with “behaving in an offensive manner” under the Summary Offences Act 1988 (NSW), after allegedly pushing a friend.
The police arrested Dee despite the alleged victim providing a statement saying she felt unthreatened and considered the incident harmless. After detailed legal submissions from our criminal defence team, police withdrew the charge. We then launched civil proceedings for false imprisonment and battery, and secured a favourable financial outcome for Dee.
Full criminal charge:
- Behave in an offensive manner – Summary Offences Act 1988 (NSW), s 4(1)
A Closer Look: The Defence That Turned the Tables
In 2023*, Dee was charged with offensive behaviour following a brief, friendly interaction with a friend on the street. The police watched closely, later claiming to witness a shoulder push which they deemed offensive.
Our defence team prepared comprehensive written submissions before the scheduled hearing, outlining that:
- “Offensive” conduct under the law must meet a high threshold. For example, it must cause disgust or resentment in a reasonable person (based on case law including Worcester v Smith and Ball v McIntyre).
- The alleged victim stated unequivocally that she was not offended or threatened and described the incident as “mucking around”.
- No complaint was made by the friend, and no clear basis existed for the charge.
The prosecution reviewed our representations and withdrew the charge. Dee never had to attend court, a complete vindication of his rights.
Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.
Civil Action: Holding Police Accountable for Behaving in an Offensive Manner Charge
With the criminal charge dismissed, our civil litigation team immediately advised Dee he likely had a claim against NSW Police for false imprisonment and assault/battery.
Dee proceeded with a civil claim, which was handled by our solicitors Anavi and Stewart. Their thorough work resulted in a favourable settlement for Dee, recognition not just of wrongful police action, but of our firm’s holistic approach to justice.
Client Testimonial
“I was very pleased with my experience being represented by O’Brien Solicitors. Initially I was represented by Elliot in a criminal matter which he dealt with quickly and cost effectively. After Elliot dealt with my criminal matter, he advised that I likely had a civil claim against the police.
The civil claim was subsequently handled by Anavi and Stewart, who both did an outstanding job and achieved an excellent outcome for me. It was clear to me through the entire process that O’Brien Solicitors are very experienced in dealing with criminal matters and compensation claims against the police. I would highly recommend them to anyone with a valid civil claim again the NSW police.”
Outcome of behaving in an offensive manner case
- Criminal charge withdrawn before hearing.
- Client did not need to appear in court.
- Civil claim resolved successfully with financial compensation.
Need Help With a Criminal Charge or Police Misconduct?
O’Brien Criminal and Civil Solicitors are specialists in defending criminal charges and pursuing compensation against NSW Police. If you believe you’ve been wrongfully charged or mistreated by police, contact us today.
Contact us today for a confidential consultation and take the first step towards resolution.
Call (02) 9261 4281
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*We always change details in our case studies to protect client confidentiality.
