In December 2023 our client was driving his vehicle in the Bondi, when a passenger in his vehicle held a ‘Nerf gun’ outside the back passenger window, and pointed it at a security guard they were passing. The security guard recorded our client’s number plate and reported the matter to police.

The next day, the police attended our client’s home and asked him to provide the details of the passenger seated in the back of the vehicle. Our client refused to answer the police questions. The police then issued a ‘form of demand’ on our client.  A ‘form of demand’ is an official police document which makes it a criminal offence for the owner of a vehicle to refuse to provide the requested information, when there is a suspicion that the vehicle has been involved in an ‘indictable offence’ (such as intimidation).

Despite being informed by the police that failing to provide the details would be a criminal offence, our client did not comply. Our client was then charged with the offence of ‘owner not disclose identity of passenger’, contrary to section 17(1) of the Law Enforcement (Powers and Responsibilities Act) 2002. 

After reviewing the police facts, our Sydney criminal lawyer gave advice to our client. Our client then pleaded guilty to the offence.

At Court, the Magistrate reviewed our client’s criminal record. The criminal record revealed our client was on three separate good behaviour bonds. These good behaviour bonds were for drink driving, speeding, driving unlicensed and driving whilst disqualified. Because our client committed the offence while he was on the good behaviour bonds, the Magistrate had the power to re-sentence our client for all three of those good behaviour bonds. However, after hearing our Sydney criminal lawyer’s submissions, the Magistrate did not re-sentence our client for breaching any of his three good behaviour bonds.

In relation to the original offence of failing to comply with the form of demand, despite the maximum penalty being 12 months imprisonment, the Magistrate agreed with our criminal lawyers submissions and imposed a $1000 fine.