On 29 July 2026 our client was having a drink in the outdoor area of a hotel in Sydney when a security guard told patrons the area was closing. Our client informed the security guard that he would go inside once he finished his drink. However, the security guard picked up his beer and began walking inside with it. Our client followed the security guard and a brief scuffle followed, where our client punched the security guard in the face.

Our client was arrested, held in custody for several hours and charged with common assault, contrary to section 61 of the Crimes Act 1900 (NSW).

The original police facts painted our client as the aggressor and alleged that our client had repeatedly refused to leave, swore at the security guard, pushed and punched him, and scratched his face during the struggle.

Before entering a plea, our Sydney criminal lawyer issued a subpoena to the hotel for the CCTV footage. The CCTV footage showed a very different version of events. On that basis, we wrote representations to the NSW Police requesting that the facts be amended, and the prosecution ultimately agreed.

On 1 September 2026 our client pleaded guilty on the amended facts. During the sentence, we asked the Court not to record a conviction, relying on his lack of any criminal history, strong character references, genuine remorse, and the steps he had taken since the incident, including enrolling in SMART Recovery.

Despite the offence involving alcohol-fuelled violence against a security guard, the Local Court Judge agreed. Our client received a Conditional Release Order (CRO) without conviction for a period of 6 months.

He now has no criminal record and remains free to travel to the USA to care for his family.