Affray & offensive behaviour: Police v RHB

Behave in an offensive manner in a public place and affray

Assault - Criminal Defence SolicitorsRHB was charged with two offences – behaving in an offensive manner in a public place, and affray. These were as a result of a night out with a group of friends. The group was ejected from a pub due to their boisterous behaviour, and continued to act loudly and obnoxiously on the street.

At one point, the group shouted verbal abuse at a group of waiters as they were closing their restaurant. The group then crossed the road so they were standing opposite the restaurant. Some members of the group – not including RHB – began to toss rocks at the restaurant.

Weak evidence against accused plea negotiation, charge withdrawn

Prior to the trial beginning, the defence for RHB sent representations to the prosecution noting that there was no video evidence of RHB actively participating in throwing rocks. The representations also pointed out that RHB at all times appeared to be a periphery member of the group. In fact, his only action appears to be pulling the other group members away from the scene.

As a result of these representations, the prosecution withdrew the charge of affray, and the court dealt with the charge of offensive behaviour by way of a plea of guilty. On sentencing for the offensive behaviour, RHB got a non-conviction order conditional on him completing a 12-month good behaviour bond.

If you’re facing assault charges, contact our assault lawyers right now. We can help you get the best possible result in court, even getting the prosecution to withdraw or downgrade the charges.

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