Assault Occasioning Actual Bodily Harm charges leaving a licensed premise
Case Facts: Our client was asked to leave a hotel though he had done nothing wrong at that time. Outside the hotel he was asked to wait so that the manager could consider whether he was allowed back in.
He was told to leave, and one of the bouncers gave him lip and provoked him. Eventually the client was pushed against a wall with a forearm to his throat, His brother was trying to get him away, but the situation was potentially volatile and he did not want to turn and go. A bouncer attacked his brother by punching him and kneeing him to the head. He was rendered unconscious. The client pushed past a bouncer and punched the provocative bouncer knocking him out cold.
Police charged one brother with several assault related charges and failing to quit licensed premises. The brother that was knocked out was charged with assault. The matters were set down for hearing.
On the morning of court, the officer in charge produced more CCTV footage not previously disclosed to or seen by the defence. It showed one client being knocked out. Police properly agreed to withdraw the charge of assault against him. A number of charges were withdrawn against the other brother and he ended up pleading guilty to the assault upon the security guard and failing to leave the licensed premises when directed to do so. He received a small fine and was placed on a good behaviour bond.
Both brothers were very happy with the outcome. Police indicated that they will consider taking action against the security guard.