Criminal Offence – Offensive Language – Resist Police – Assault Police – Resist Person Assisting Police – Actual Bodily Harm – Breach of Parole – Local Court Sentence Proceedings – Gaol – Burwood Local Court
Published 24 Oct 2011
Case Study –
Criminal Lawyers Sydney and Parramatta Offices
Criminal Offence – Offensive Language – Resist Police – Assault Police – Resist Person Assisting Police – Actual Bodily Harm – Breach of Parole – Local Court Sentence Proceedings – Gaol – Burwood Local Court
Nyman Gibson Stewart
Criminal Defence Lawyers
Burwood Local Court
Represented by Solicitor: Riyad El-Choufani
Facts: Client was charged with 1 count of assault police officer in execution of duty, 3 counts of resist police, 1 count of resist person assisting police and 1 count offensive language. Our client was involved in an altercation with a police officer in which the police officer incurred actual bodily harm. A member of the public intervened to assist the officer and several police attended the scene to arrest our client. At the time of the offence, our client was on parole for armed robbery and kidnapping and a warrant was out for his arrest because he had breached his parole. He had a long criminal record with convictions for resist/assault police offences. He had been sentenced to lengthy imprisonment for a resist/assault police matter only a few years earlier.
Multiple charges of resisting police in circumstances where the conduct happens at the same time involving more than one officer is an abuse of process. We managed to roll up the 3 counts of resist police into 1 charge. Facts alleging that our client caused actual bodily harm to the officer were deleted and it was accepted that the assault consisted of merely a push. Our client then pleaded guilty to the remaining charges which proceeded to sentence.
Result: The police prosecutor suggested that our client would be sentenced to 12 months full-time imprisonment for the offence of assault police given his extremely poor record. Our client was suffering from a psychiatric condition which led to panic attacks when amongst large groups of people. We obtained medical documentation which evidenced that he was being treated with medication for his condition. Our client had accidentally exceeded the prescribed dosage of his medication at the time of the offence. This was not a case of typical drug-fuelled binge leading to violence against police. The court accepted our submissions and imposed a 3 month term of imprisonment which was backdated to the day our client went into custody, thereby enabling his early release. Our client was extremely pleased with the outcome.
Riyad El-Choufani is based at our Parramatta office.