OFFENSIVE BEHAVIOUR AND ENTER INCLOSED LANDS

Nyman Gibson Stewart Criminal Lawyers

Criminal matter – traffic lawyers Sydney and Parramatta Offices

Waverley Local Court

Represented by  Shaun Mortimer

Facts – the client had been on a 12 hour drinking session which had ultimately ended in Kings Cross. The client recalls leaving a nightclub in Kings Cross at approximately 4am and looking for a cab, however, he had no recollection of what went on after then. According to the Police Facts, the client was located in a remote suburb, and has attempted to gain entry into a private dwelling. He was told to go away after the occupants awoke. As the client has left the dwelling, he has defecated in the street. The Police arrived, to find the client heavily intoxicated.

Result – the client entered a plea of guilty to the offences of offensive behaviour and enter into Inclosed lands. The Magistrate elected not to convict the client, and instead unconditionally discharged him on both offences under section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999. The client undoubtedly drank excessively on the evening, and the fact that this has occurred in Kings Cross, and the facts being so bizarre, led to the Magistrate accepting the possibility that the client may have been the victim of a spiked drink. The general good character of the client justified imposing no penalty on him in this case.  

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