Fine only for Assault Public Officer and Fighting in Public

Our client was charged with Assault Public Officer and Fighting in Public. The charges arose as our client was escorted out of a venue due to a false allegation they had struck another patron. As our client suffered from borderline personality disorder, the unjustified ejection led to them becoming quite upset and striking multiple staff when leaving the venue. This was witnessed by WA Police officers who were in the area on another matter and intervened. Our client kicked one of the officers with force in the chest when arrested. 

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We sought information from our client’s treating psychiatrist and psychologist to support a public interest submission to downgrade the charge from Assault Public Officer to Obstruct Public Officer.

 

An Assault Public Officer charge now carries a mandatory minimum sentence of 6 months immediate imprisonment when the offence is committed against a police officer, and it results in the officer suffering bodily harm. It was vital our client avoid being sentenced to 6 months immediate imprisonment.

 

We made a public interest submission to the WA Police as to why our client ought not suffer the usual consequences of such an offence. We raised our client's significant voluntary and community work and their assistance to the community by working in an area facing significant workforce shortages. 

 

WA Police whilst not accepting our submission to downgrade the charge did accept our submissions in respect of removing the bodily harm aspect of the charge which meant the Magistrate had scope to not impose immediate imprisonment on our client. 

 

We collected material from our client’s employers and obtained multiple character references. In the sentencing hearing, we managed to persuade the Magistrate to impose a fine only for the offences.

 

Our client received a $1,200 fine for Assault Public Officer and a $500 fine for Fighting in Public and was ordered to pay Court costs ($160.50). Our client was thrilled they received a fine only for the offences and not a more serious penalty such as imprisonment which was still open to the presiding Magistrate.