Facts: Bondi pub ejection
JC 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.
Appeal
We appealed to the District Court. The District Court accepted JC’s version of events and granted the severity appeal.
:contactOBSAppeal:
- Bondi pub
- attempt by excluded person to re-enter premises, Liquor Act 2007 Section 77(6)
- common assault, Crimes Act 1900 Section 61
- plea of guilty
- appeal against severity
