Case facts

The client’s brother had been arrested for a traffic offence whilst in the company of the client and had been taken to the Police Station for questioning.

During the course of being held in custody, the client proceeded to irritate the police officers at the police station reception area, attempted to video record their actions and refused directions to leave the police station when the client’s actions became a nuisance.

After repeated requests for the client to leave the police station, which the client did not adhere to, he was arrested and charged with the offence of Remain on Inclosed Lands Without Lawful Excuse.

Police do not like coming under scrutiny, particularly when someone threatens to record or photograph what they are doing and how they do it.


Case result

The client worked in sensitive areas of government and therefore the imposition of a conviction for this offence, (although the maximum penalty is only a monetary penalty), could have been severely detrimental to his future employment prospects.

The matter was listed for a defended hearing, however, after a close examination of the applicable law in respect of this offence, it was determined that a hearing would not have been a successful way of proceeding with the matter, and would have ultimately resulted in the recording of a conviction.

Accordingly, it was indicated to the Court on the morning of the hearing that the matter would proceed as a plea of guilty. Submissions were made as to why the client should not have a conviction recorded for this offence. As the client was a mature person, of good character, and the offence can be seen as being a trivial offence by reference to the maximum penalty, it was accepted by the Magistrate that it was expedient to place the client on a good behaviour bond pursuant to section 10 of the Crimes (Sentencing Procedure) Act 1999, and to not record a conviction.



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