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No Conviction for Resist Officer, Behave in Offensive Manner and Remain in Premises

RELATED TO: Section 10 Dismissal, Assault Police, Assault Charges, Offensive Language / Conduct
CRIMINAL CASE

Our client is a 36-year-old sales executive from Sydney’s Lower North Shore.

He had been drinking at a bar in Oxford Street following a work Christmas party.

He left and then attempted to re-enter the premises, but was denied entry by security staff due to his level of intoxication.

The guards alleged that he then became aggressive and attempted to force his way into the premises. They called police, who attended the bar and observed our client struggling with staff.

Police say that they heard our client using offensive language, and they took hold of his arm so that they could speak to him about his behaviour. Our client struggled with police and allegedly continued using offensive language.

He was taken back to the police station where he was charged with five offences: “use offensive language in public place”, “excluded person remain in vicinity of licensed premises”, “assault police officer in execution of duty”, “behave in offensive manner” and “resist officer in execution of duty”.

Our lawyers engaged in extensive charge negotiations with police and were able to have the charges of “assault officer in execution of duty” and “use offensive language in a public place” withdrawn.

Pleas of guilty were entered to the remaining charges, and compelling sentencing submissions were made to the court highlighting our client’s remorse, good character and the effect that a criminal record might have had on his current job and future employment prospects.

The Magistrate was ultimately persuaded to award him a ‘section 10’, which means that he avoids a criminal conviction altogether.

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