Public Order Case Studies
Criminal Case Studies
O’Brien Criminal and Civil Solicitors are expert criminal lawyers. O’Brien Criminal and Civil Solicitors have secured a favourable result for many of our clients who have been charged with public order offences. Here are a number of those successful cases.
*Names have been changed to protect the identity of our clients.
Disobeying Police direction
Peaceful protestor has all charges withdrawn and now has a civil claim against the State
Police arrest a peaceful protestor at a climate change demonstration then charge him with multiple obstruction offences. Our lawyers are able to get charges withdrawn and start a civil claim against the State of NSW for unlawful arrest and malicious prosecution.
BDK’s friend started a physical altercation with a group of males after they insulted and harassed BDK’s girlfriend. BDK physically engaged in the fight after failing to calm down the group. At the end of the fight, BDK was charged with affray. We made submissions to the police prosecution on behalf of our client, seeking to have the dismissal of the charges. The charges were withdrawn after we successfully argued to the police prosecutors that our client was acting in self-defence.
Our client was charged with behaving in an offensive manner in a public space, and affray after a night out with friends. The group were throwing rocks at a restaurant during their rowdy behaviour. Whilst acting for RHB, we sent representations to the prosecution prior to the trial beginning, that there was no video evidence of RHB actively participating in the throwing rocks. The prosecution withdraw the charge of affray, and RHB pleaded guilty to the remaining charge of offensive behaviour. He received a non-conviction order.
After being involved in a pub brawl KPP was charged with offensive behaviour and affray. After reviewing the CCTV footage of the incident in court, KPP’s affray charge was dismissed. The magistrate recorded a non-conviction order for the charge of offensive behaviour.
RL was charged with affray to which she pleaded not guilty. We argued that RL was involved in a one-on-one consensual fight. However, we said it could not establish beyond reasonable doubt that a reasonable bystander would fear for his or her own safety. Accordingly, the Magistrate dismissed the charge.
Representations to police prosecution results in affray charge withdrawn
Affray charges withdrawn
Non-conviction order given for charge of offensive behaviour
Charges dismissed after defence successfully raises doubt in prosecution’s case
Behaving in an offensive manner in public
NL was charged with recording image without consent after his colleague accused him of recording her in the female bathrooms. We successfully asked the Court to consider the alternative version of facts from NL. That version was in the electronically recorded interview of a suspected person (ERISP). The Prosecutor agreed with our submission that he could not accept the evidence against NL proved the charge beyond a reasonable doubt. The charge was dismissed and NL’s record remains clear.
KXP was drinking at a hotel when a brawl started between KXP and another occupant of the hotel. Security called the police. They detained and charged all parties with affray and behaving in an offensive manner in public. After pleading guilty in the Local Court, we made submissions on behalf of KXP outlining her good behaviour, lack of criminal record and other relevant factors. No conviction was recorded.
After being involved in a pub brawl KPP was charged with offensive behaviour and affray. After reviewing the CCTV footage of the incident in court, KPP’s affray charge was dismissed. A non-conviction order was recorded for the charge of offensive behaviour.
MD’s sister-in-law had a disagreement with the wife of a police officer. MD saw the police officer harassing her nephews and approaching her nephew’s face. MD was told she would receive a court attendance notice for offensive behaviour, which she received in the mail. The police officer also sent a letter to MD’s employer falsely claimed she was behaving offensively in public. We represented MD in a claim against the police for misfeasance in public office and malicious prosecution.
Charge of recording intimate image without consent dismissed
No conviction recorded for charges of affray and behaving in an offensive manner
Non-conviction order given for charge of offensive behaviour
Claim for misfeasance in public office against a police officer and malicious prosecution
WD was charged for failure to comply with direction. WD was drinking at a bar in Sydney. Security at the location deemed WD to be intoxicated and asked him to leave the premises. The accused pled guilty to the offence of refusal/failure to comply with direction. However, the charge was dismissed without conviction or penalty.
Police found SHK verbally abusing airport staff. One of the police officers obtained SHK’s driver’s licence and began to record SHK’s details. During a plea negotiation, our client pleaded guilty to the disorderly conduct charge in exchange for the obstruction charge being withdrawn. We represented SHK in her sentencing hearing where we tendered psychiatric evidence that showed that there was no risk of her reoffending. The Magistrate took this into consideration and given a Section 10 non-conviction order in relation to second charge.
Client has charge dismissed for good character
Non-conviction order given after tendering psychiatric evidence
How we Can Help
O’Brien Criminal & Civil Solicitors is a full-service criminal defence law firm meaning that we provide legal advice on both criminal and civil law. After the completion of your criminal case, we can continue to represent you in your civil matter (if one exists). We have represented many clients in their criminal matters and then proceeded to assist them in making a civil claim against the police for unlawful arrest and false imprisonment, or suing a publisher for defamation.
Your first consultation with one of our criminal lawyers is free. This is your opportunity to speak to us about your case and for us to discuss with you what your options are. If you choose to proceed with our services we will provide you with a cost agreement that sets out your legal fees. O’Brien Criminal and Civil Solicitors provides cost-effective and professional legal advice compared with other law firms. In some instances, we offer reduced fees or pro bono services at the discretion of our Principal. We can also assist you in applying for Legal Aid if you are eligible. Speak to us if you have concerns regarding your ability to pay your legal fees and we can discuss the possibility of accommodating your circumstances.
Our criminal lawyers have handled cases in courts across NSW at Local Courts, District Courts and the NSW Court of Criminal Appeal. They have a wealth of experience in assisting clients with bail applications, trials, sentencing hearings and appeals to name a few.
Our team includes Accredited Specialists in Criminal Law.
Specialist Accreditation is a structured peer to peer assessment process enabling legal practitioners to be recognised for their expertise. To be accredited specialists must pass a series of meticulous assessments on both legal knowledge and its application in practice. To retain their accreditation specialists must undertake significant additional professional development in their area of expertise each year.
O’Brien Criminal and Civil Solicitors utilises a trauma-informed lawyering approach when interacting with our clients. We understand that you have dealt with traumatic events and that engaging with authorities and courts is a stressful experience that might re-traumatise you. For this reason we are sensitive to your mental and emotional needs and will assist you in an appropriate manner. Read more about our thoughts on trauma-informed lawyering.