Failure to Leave Licensed Premises / Resist Police in Execution of Duty

Published 24 Oct 2011

Case Study

Criminal Defence Lawyers Sydney and Parramatta Offices

Criminal offence – Criminal Matter – Failure to Leave Licensed Premises, Resist Police in Execution of Duty- Not Guilty- Costs in Criminal Cases- Costs Awarded

Nyman Gibson Stewart

Criminal Lawyers

Downing Centre Local Court

Represented by Solicitor: Christopher Yee 

FACTS: Our client was charged with one count of Failing to Leave Licenced Premises and one count of Resist Police Officer in Execution of Duty. The offences arose out of an incident that occurred in an inner-city pub one evening. Police entered the pub to conduct a routine premises check. Upon entry, the Police allege that they saw our client sitting with friends at a table in the beer garden. According to Police, our client was asleep. Our client was asked to leave the premises and began slowly collecting his belongings. He took one last sip of his beer and the Police officer grabbed him forcefully and hauled him out of the beer garden. At this point the Police officer alleged that our client struggled and tried to pull away from their restraint. Our client sustained a dislocated thumb as a result of the police restraint upon him. He denied that he ever tried to resist and that he was attempting to leave as directed. Following the incident, our client’s friend was charged with Assault Police and Hinder Police. Chaddy Mardini of Nyman Gibson Stewart acted for her in those matters.

RESULT: The matter went to hearing at the Downing Centre Local Court, where it was heard over two days along with the co accused. Evidence was presented by two police witnesses, the co accused and one defence witness. Following intense cross examination by both Mr Yee and Mr Mardini, the Magistrate determined that the reliability of the evidence given by the Police officers in court was questionable. The Magistrate held that he was not satisfied to the requisite standard that any of the offences could be made out. The Magistrate found both defendants Not Guilty for all of the offences.

An application for costs was made against the police pursuant to the Costs in Criminal Cases Act 1967. This was ultimately successful, and our client was awarded costs.

Like all of our criminal defence team, Christopher can be contacted 24/7 for urgent legal advice.  Christopher works from our Parramatta office.