Assault Occasioning Actual Bodily Harm charges captured on CCTV footage

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Assault Occasioning Actual Bodily Harm charges captured on CCTV footage

Author: Dennis Miralis

Sutherland Local Court

Case Facts:

Our client was working as a security guard when a drunken patron who had been removed from theCriminal Defence Lawyer Dennis Miralis at our Sydney Office premises wanted to argue the point, threaten security guards and fight. Fortunately his actions were captured on CCTV footage. Despite being captured on CCTV footage, police charged our client. The timing of the charging by police was suspicious. The incident occurred approximately 10 months after the incident. The alleged victim had not made a statement. The security guard had recently declined to provide police with a statement against a co-worker. Curiously, he was charged shortly after that. Other security guards gave statements largely consistent with the ‘victim’ being an aggressive drunk intent on picking a fight. It could be seen on the CCTV that the man approach our client and was ‘in his face’ before our client punched the man once. He only punched the man after the drunk told him to “prepare to die”.

Case Result Common sense prevailed. The aggressor turned up to court but was reluctant to be involved. Police withdrew the charge on the basis that the aggressor did not want to have anything to do with the proceedings. One must ask why our client was charged in the first place – the aggressor wanted nothing to do with the case at that stage.

After being charged, our client’s security licence was revoked on the request of arresting licensing police. One might think that he was being financially punished by not being able to work pending the obvious dismissal of the case when it finally reached court. Unfortunately, the power exists to revoke the licence even on what might be seen as a weak case pending the court’s determination. To many, this would seem an illogical injustice. Our client subsequently re-applied for his security licence and was pleased with the outcome.

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