The charges 

Our client was initially charged with resist arrest, failure to leave a licensed premises and behaving in an offensive manner in public.

After entering pleas of not guilty and viewing the police body worn footage, we commenced negotiating with the police. Those negotiations were successful. On the day of the hearing, our client entered pleas of guilty to two offences (resist arrest and failure to quit) and the offensive behaviour charge was withdrawn. We also negotiated a more favourable set of facts and, after listening to oral submissions made on behalf of our client our client was sentenced to a 12 month conditional release order without conviction.

 

The penalty

Resisting arrest carries a maximum penalty of five years imprisonment and / or a $5,500 fine. It is worth noting that between September 2018 to March 2019, approximately 11% of offenders in NSW who were sentenced for resist arrest in the Local Court received a Conditional Release Order without conviction. The overwhelming majority did in fact receive a criminal conviction. This was an excellent result for our client who can now focus on his future goals.

 

Written by Elizabeth Tsitsos

 

Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law. Contact us if you require assistance.