No Conviction for Client Charged with Fail to Leave Venue when Directed and Intimidate Police Officer

Daniel Shestowsky appeared on behalf of a client, based in the Northern Beaches NSW, who was charged with offences of Excluded Person Remain in Vicinity of Licensed Premises, Intimidate Police Officer in Execution of Duty and use Offensive Language in a Public Place.

The Incident in Manly

Our client was a 40-year-old woman who attended a night out in Manly to celebrate a friend’s birthday. Our client had several drinks throughout the night and was not a regular drinker. As the night approached its end, our client was the recipient of some verbal abuse from her partner, which resulted in the Police being called to the venue. Our client’s partner was initially removed from the venue and then our client was also asked to leave. At this point our client, believing she was the victim in the matter, became argumentative with Police and security staff. She felt as if her concerns had not been heard and maintained that she had not done anything wrong. She remained at the premises despite being asked to leave several times and was subsequently arrested and removed due to her intoxication and behaviour.

Our client then became argumentative with Police, continually yelling abusive language and threatening to assault a Police officer. She continued to do so until ultimately, she was escorted to Manly Police Station. Given her level of intoxication and behaviour which included threats of self-harm, she was conveyed to Northern Beaches Hospital for assessment.

It was ultimately found through a urine test that she had methamphetamine and benzodiazepine in her system despite not taking either of these illicit drugs. Our client’s belief was that her drink was spiked.

Our Approach

Our client was originally charged with three offences as a result of her behaviour on the night. Having engaged Australian Lawyers and Advocates to seek legal advice and representation, Daniel Shestowsky analysed the Police facts, charges and our client’s own recollection of events in order to assess our client’s case. Given the strength of the prosecution case and our client’s own admissions, she ultimately entered pleas of guilty to some of the charges before the Court.

Mr Shestowsky found that our client had been excessively charged and successfully negotiated with the prosecution to have our client plead guilty to one charge of intimidating the Police Officer, which carries a maximum penalty of 5 years imprisonment and failing to leave a licensed premises when asked, which carries a fine. Mr Shestowsky successfully persuaded the Police to withdraw the charge of Use Offensive Language in a Public Place against our client. Given the seriousness of the Intimidate Officer charge before the court, our client was at risk of receiving a criminal conviction.

Sentencing at Manly Local Court

Mr Shestowsky prepared a thorough case for our client’s sentencing proceeding, emphasising how out of character her behaviour was on the night (perhaps explainable to some extent by our client having her drink spiked without her knowledge), her remorse and contrition and her personal circumstances generally. Our client was a well-respected Teacher for over 10 years and this matter could have had a severe impact on her reputation and future employment prospects. Ultimately, with the help of Mr Shestowsky’s cogent and persuasive advocacy, our client received a Conditional Release Order for a period of 12 months, without conviction.

This case highlights the importance of engaging lawyers who are highly knowledgeable and experienced criminal law lawyers and advocates. Our reputation and results speak for themselves and this case is another example of our ability to obtain the best outcomes for our clients.

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