On 6 July 2024 our client was involved in a fight at the Australian Hotel in Ballina.

After the fight, our client was alleged to have continued with similar violent and illegal behaviour throughout the town of Ballina, ultimately being charged by NSW Police with the following offences:

1. Affray, contrary to section 93C(1) of the Crimes Act 1900;
2. Common assault, contrary to section 61 of the Crimes Act 1900;
3. Intentionally or recklessly destroy/damage property, contrary to section 195(1)(a) of the Crimes Act 1900;
4. Remain on inclosed lands, contrary to section 4(1)(b) of the Inclosed Lands Protection Act 1901;
5. Stalk or intimidate, contrary to section 13(1)of the Crimes (Domestic and Personal Violence) Act 2007; and
6. Behave in offensive manner, contrary to section 4(1) of the Summary offences Act 1988.

The maximum penalty for the most serious offence is 10 years imprisonment.

Our client pleaded not guilty to the charges, and the matter was set down for a defended hearing at the Ballina Local Court.

Prior to the defended hearing, our Sydney Criminal Lawyer reviewed the brief and wrote detailed representations to the police.

After ongoing negotiations, the NSW Police agreed to withdraw the most serious charges against our client, including the charge of Affray.

After the charges were withdrawn, our client then pleaded guilty to the following two charges:

1. Remain on inclosed lands, contrary to section 4(1)(b) of the Inclosed Lands Protection Act 1901; and
2. Stalk or intimidate, contrary to section 13(1)of the Crimes (Domestic and Personal Violence) Act 2007.

At the sentence, after hearing our Sydney Criminal Lawyer’s submissions, the Magistrate agreed to not record a criminal conviction against our client.

Our client was then placed on a Conditional Release Order without conviction, for a period of 12 years.