Pub Incident
The client is facing charges under the Crimes Act 1900 for armed with intent and destroying or damaging property, as well as affray, and failure to comply with direction after an altercation at a pub in 2024. The incident began with a verbal argument and physical confrontation between the client and a security guard, where the security guard pushed the client, who retaliated by throwing personal items. The client then left and returned with an object, intending to scare the security guard. Despite no injuries being reported, there is CCTV footage of the event. The client has a history of similar offences but claims their actions were in self-defence.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties I could face for each of these charges if I am found guilty?
For the charge of "Armed with intent to commit an indictable offence" under [Crimes Act 1900, Section 195(1)(a)], the maximum penalty could be up to 7 years imprisonment. For "Destroy or damage property" under [Crimes Act 1900, Section 93C(1)], the penalty can be up to 2 years imprisonment if the damage is not serious. For "Affray" under the [Crimes Act 1900], penalties may include up to 10 years imprisonment. "Failing to leave premises" typically results in fines or community service. Prior offences can impact sentencing. Legal advice is crucial for your defence strategy.
Is there any possibility of negotiating lesser charges or a plea deal in my case?
Negotiating lesser charges or a plea deal is possible, considering various factors in your case. Your previous similar offences could complicate negotiations, but the circumstances, such as the security guard's initial physical contact and your claim of self-defence, might provide leverage for a plea deal. The fact that nobody was injured and there might be CCTV footage can also work in your favour, as it may show the altercation's context. Legal representation can help negotiate a resolution, possibly resulting in reduced charges or penalties. It’s essential to consult with your solicitor to explore these options and craft a strategy tailored to your situation.
How might the fact that I returned with an object impact my defence or the severity of the charges?
Returning with an object could significantly impact your defence or the severity of the charges. This action might be seen as escalatory and deliberate, potentially undermining a self-defence claim. It could demonstrate intent to intimidate or cause harm, which could aggravate the charges of affray and "armed with intent to commit an indictable offence" under section 195(1)(a) of the [Crimes Act 1900]. The presence of CCTV footage could play a critical role in evidencing this behaviour. Prior similar offences may also lead to harsher penalties. Discussing your intentions and any mitigating factors with a solicitor could be crucial in formulating a defence strategy.
What evidence will be required to prove or disprove the charges against me, and how can we challenge it?
To prove the charges against you, the prosecution will rely on evidence such as witness testimonies, CCTV footage, and any statements you've made. The video evidence could be pivotal—if it shows the security guard initiating physical contact, it may support a self-defense claim. Additionally, the lack of injuries may undermine the prosecution's case. To challenge the evidence, your legal representative could argue that your actions were reasonable under the circumstances, emphasise previous provocation, and question the credibility of witnesses. They might also seek to exclude any improperly obtained evidence.
Could the actions of the security guard and others involved provide any defence or mitigating factors in my case?
The actions of the security guard and others may provide potential defences or mitigating factors in your case. The fact that the security guard initiated physical contact could support a claim of self-defence, especially if you perceived an imminent threat. The availability of CCTV footage might corroborate your account, demonstrating the force used against you. Additionally, if the security guard’s actions were excessive or unreasonable, it could mitigate the seriousness of your response. The presence of witnesses who can attest to the security guard's behaviour might also strengthen your defence. However, your previous charges could complicate matters. Consider consulting with a solicitor to explore these factors further.
