Youth approaches Bondi bus passenger with a taser
OXR, our client, was a 16-year old school student. He was described by close relatives and friends as extremely shy and deeply sensitive: a quiet, well-mannered young man. He was an accomplished skateboarder and enjoyed pottery. After he finished school, OXR hoped to follow his mother’s footsteps by working in textile design and production.
In October 2019, OXR was involved in an incident on a bus in Bondi, in Sydney’s Eastern Suburbs. During this incident, he approached a bus patron with a taser. Patrolling police officers were called and searched OXR. In addition to the taser, police discovered that he possessed several bags of MDMA and cannabis, as well as $120 in cash. The police considered the drugs to be for supply, and the cash to be proceeds from previous sales of drugs. Accordingly, OXR was charged with a total of seven offences; these included:
- both supply/possession of a prohibited drug,
- possession/using a prohibited weapon without permit and
- being armed with intent to commit an indictable offence (here, common assault of the bus patron).
Later that day, OXR was granted bail until his court date in November, where he would plead either guilty or not guilty to the offences and be sentenced accordingly. His parents requested O’Brien Criminal and Civil Solicitors assist with his plea negotiations and represent him in court.
Possession charges dismissed and no conviction on other charges
In November, OXR appeared with representation from O’Brien Solicitors in the Children’s Court in Surry Hills, close to Sydney’s CBD, pleading guilty to all offences. Upon entering pleas of guilty, all charges of possession were withdrawn and dismissed by the Court.
In regards to sentencing, O’Brien Solicitors advocated and submitted materials on OXR’s behalf, including personal references from family and friends. The sentencing outcome was highly positive. No conviction was recorded against OXR, and he was sentenced to a series of Good Behaviour Bonds, to be concurrently served for a period of eight months.
In certain circumstances, the Children’s Court may sentence a young person to a Good Behaviour Bond (GBB) under s 33(1)(b) of the Children (Criminal Proceedings) Act. GBBs are considered non-custodial, community-based sentences. They are called “Non-custodial” as they do not involve being retained in custody (i.e. in prison), and “community-based” as they are served in the community. They may not exceed two years in length, and have “good behaviour” conditions set by the court that must be strictly adhered to.
Here, the successful grant of GBBs allowed our client to serve his sentence in the community, to be shortly complete by July 2020. He would be able to stay at parents’ family home, attend school and pursue his hobbies.
OXR would be home for Christmas in a month’s time, with no convictions recorded.
O’Brien Criminal and Civil Solicitors are able to pursue your possible claim anywhere in Australia. Please don’t hesitate to contact us today on 02 9261 4281 or by email at
- young person charged with criminal offences;
- possession of prohibited drugs;
- possession or use of a prohibited weapon without permit;
- Drug Misuse and Trafficking Act;
- s 7(1);
- s 193C(2);
- successful bail application;
- no conviction recorded;
- sentencing submissions;
- good behaviour bond;
- s 33(1)(b);
- non-custodial community-based sentences