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Not Guilty of Common Assault and Failing to Leave Licensed Premises

RELATED TO: Common Assault, Assault Charges, Penalties for Criminal Offences, NSW Penalties for Criminal Offences
CRIMINAL CASE

Our client is a 37-year-old investment banker from Paddington.

He had been drinking at a hotel in Camperdown and left the premises to take a call on his mobile phone.

Security guards refused him entry upon return, on the basis that he was intoxicated.

They claimed our client became angry and attempted to push past them, and then placed one of them in a headlock.

Police attended and charged our client with ‘common assault’ and ‘excluded person remain in vicinity of licensed premises.’

Our client entered pleas of not guilty to both charges, and the matter proceeded to a defended hearing in Newtown Local Court.

In the lead up to the hearing, our defence team identified a number of inconsistencies in the security guards’ version of events, and obtained defence witness statements

The guards were cross examined at length on the witness stand, and it became apparent they were attempting to conceal that they initiated the physical altercation and used excessive force against our client.

The defence witnesses testified that the guards quickly become physically aggressive and dangerously threw our client to the ground. They were adamant that our client did not strike out at the guards until after they assaulted him.

The Magistrate found that the prosecution could not disprove self-defence, and accordingly found our client not guilty of the charges.

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