Our client faced two charges after a confrontation with police at his home. One charge was withdrawn before the hearing began. On the charge that proceeded, we contested it at a hearing and then, on sentence, put our client’s mental health and personal circumstances squarely before the court. Intimidating a police officer is a serious criminal offence requiring expert legal representation.
The Background: Intimidating A Police Officer
Police attended our client’s apartment after a report of erratic behaviour. However, the officer’s presence agitated our client further, and he tried to make the two officers leave. During the confrontation, police sprayed our client with capsicum spray.
As the officers left, our client stood on his balcony and shouted at them.
The Charges
Our client was charged with two offences:
- Intimidating a police officer in the execution of duty without causing actual bodily harm, under section 60(1) of the Crimes Act 1900 (NSW).
- Behaving in an offensive manner near a public place, under section 4(1) of the Summary Offences Act 1988 (NSW).
Both charges arose out of a single, short-lived incident, and both are offences against police. Courts tend to treat this category seriously.
Our Approach To Defending Intimidating A Police Officer
Our first step was to test whether both charges should stand. The offensive behaviour charge was weak on the facts, and we secured its withdrawal before the hearing began, removing one conviction risk entirely and narrowing the case our client had to answer.
On the remaining charge, we ran a contested hearing. The court ultimately found the intimidation charge proved. At that point our focus shifted to sentence, where the objective is to keep the penalty proportionate to conduct that was, in truth, at the lower end of seriousness.
We made detailed submissions on our client’s behalf. We put before the court that he suffers from a long-term, undiagnosed mental health condition that causes him to become upset quickly, a factor that goes directly to moral culpability.
We also explained that he had lived in Australia for a decade without any family support around him. Set against the relative mildness of the offence, those submissions reduced his culpability and moved the court away from a heavier penalty.
The Outcome
Our client was sentenced to a 12-month good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW).
One charge was gone before the hearing started, and on the charge that remained, careful sentencing submissions kept our client out of custody and confined the consequences to a bond.
Need A Criminal Lawyer For Charges Involving The Police? Intimidating A Police Officer Charges
Charges involving police can feel intimidating in their own right, but they are not a foregone conclusion. Our experienced Sydney criminal lawyers can review the charges against you, identify which are worth contesting or having withdrawn, and put the strongest possible case in mitigation if the matter reaches sentence.
To speak with our criminal team about a charge involving police, contact us today. Call us on (02) 9261 4281 to arrange a free, no-obligation appointment with an experienced Sydney criminal lawyer.
