Intimidate police officer in execution of duty without causing actual bodily harm, Section 60(1) Crimes Act 1900 – behave in offensive manner near a public place, Section 4(1) Summary Offences Act 1988 – submissions upon sentencing – 12-month good behaviour bond, Section 9 Summary Offences Act 1988
Facts:
Police attended APN’s apartment following a report of erratic behaviour by APN. The presence of police further agitated APN, and he made attempts to force the two officers to leave. In the course of this confrontation, police sprayed APN with capsicum spray. As police left, APN stood on his balcony and shouted at them in a foreign language. APN was charged with two offences: intimidate police without causing actual bodily harm, and offensive behaviour.
Outcome:
The charge of offensive behaviour was withdrawn before the trial started.
APN was found guilty of the police intimidation after a contested hearing. During the sentencing hearing, it was submitted on behalf of APN that he suffers from a long-term undiagnosed mental health problem that causes him to get upset quickly. Furthermore, it was submitted that APN has been living in Australia for a decade without family support. Given the relative mildness of the offence and the submissions mitigating APN’s culpability, APN was sentenced to a 12 month-good behaviour bond.
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