Offensive Behaviour and Affray Charges Withdrawn
Behave in an offensive manner in a public place and affray
RHB 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Weak evidence against accused plea negotiation, charge withdrawn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, our defence team submitted representations to the prosecution highlighting the lack of evidence against RHB’s participation in throwing rocks. Our submissions noted that RHB appeared to be a periphery member of the group and that his only action was to pull others away from the scene.
As a result, the prosecution withdrew the charge of affray, and the court dealt with the charge of offensive behaviour through 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.