Our Cases » No conviction for violent assault on security guards

No conviction for violent assault on security guards

In December 2023 our client was celebrating the end of the year by going out for the evening in Manly. Our client and his partner attempted to enter Donny’s Bar, however they were refused entry by the security guard due to their apparent level of intoxication. Our client disputed this and requested to speak to the manager. An argument commenced between our clients and the security guard before a scuffle broke out. During the scuffle, our client punched the security guard over 15 times in the head and body before stomping on the security guard 3 times when he fell to the ground. Two off duty police officers were walking past the bar when they saw our client assaulting the security guard. The police officers immediately arrested our client. However during the arrest, our client kicked the police offer before he was taken to the ground.

Our client was then charged by the police with the following offences:

  1. Excluded person fail to leave premises when required, contrary to section 77(4) of the Liquor Act 2007;
  2. Assault occasioning actual bodily harm, contrary to section 59(1) of the Crimes Act 1900;
  3. Common assault, contrary to section 61 of the Crimes Act 1900; and
  4. Assault police officer in the execution of duty, contrary to section 60(1) of the Crimes Act 1900.

Due to the seriousness of the offences, our client immediately engaged our Sydney criminal lawyer who commenced negotiations with the police. Our Sydney criminal lawyer made changes to the police fact sheet which were eventually accepted.

In April 2024, our Sydney criminal lawyer represented our client at Manly Local Court, for sentence. During the sentence, our lawyer provided the court with a forensic psychological report and a long medical history which informed the Court about our clients background and diagnosis of major depressive disorder. The psychological report allowed our lawyer to make the submission that our client’s thinking and decision making on the night of the offence was impacted by his disorder, such that he was not behaving in her usual manner.

After hearing our Sydney criminal lawyers submissions, the Court agreed to sentence our client to a conditional release order, without conviction, with the conditions that he receive treatment for her mental health and that he participate in a drug and alcohol program.