Spent conviction imposed for assault public officer

In this case the client was originally charged with disorderly behaviour in public, and assault public officer. The charges related to the client’s conduct when confronted by police outside their sister’s wedding. The police alleged that the client had unlawfully taken alcohol into the Hay St mall, and was aggressive and threatening when confronted by police.

The client had no record and worked on a fly-in, fly-out basis. A conviction would likely result in loss of their employment.

The police alleged the client swore at the police, and punched an officer’s hand as the officer attempted to arrest him. The police, further, alleged the client ‘horse-kicked’ them as he was being taken into the police vehicle.

The client suffered significant injuries from the arrest including a large cut to their nose, and numerous bruises to the head and body.

We reviewed the evidence and presented a plea offer submission to the police. The offer was for the disorderly conduct charge to be dropped, and for the facts of the assault public officer to be amended to allege that the client had only slapped the officer’s hand. The ‘horse-kicking’ allegation would be removed. We provided evidence of the client’s injuries occasioned during the arrest, as part of the submission.

The prosecution accepted our submission. At sentencing, James presented a detailed plea in mitigation in which he argued for a fine and a spent conviction. The Magistrate agreed without submissions and imposed a fine and a spent conviction.

This fantastic result means our client is free to continuing FIFO and is not left with diminished job prospects for the next 10 years.

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