In March 2023, our clients (who are brothers) were with some friends at a bar on Oxford Street. The night started off without any incident, however throughout the evening a second group of males started arguing with the group our clients were in. The argument deescalated before eventually erupting into a violent brawl lasting 2 minutes. Multiple punches were thrown, with people being knocked to the ground and furniture being thrown. Staff members who were trying to separate the groups became involved and were assaulted, before the police were eventually called.

The police attended the bar and reviewed the CCTV. Our clients were arrested for their involvement in the brawl and charged with Affray, contrary to section 93C(1) of the Crimes Act 1900.   This is an offence that carries a maximum penalty of 10 years imprisonment. 

In May 2023 Hanna Legal appeared in the Downing Centre Local Court, where our clients entered a plea of guilty. The Magistrate was immediately concerned by the behaviour of the brothers, describing the brawl as ‘abhorrent’ and ‘classic alcohol fuelled violence.’ However, after reviewing the letters our clients had prepared with the assistance of our team and hearing our criminal lawyers’ lengthy submissions about their difficult background, including being exposed to domestic violence at a young age, the Magistrate was eventually convinced that a criminal record should not be recorded.

Instead, the Magistrate gave our clients a ‘section 10’ and placed both of them on a Conditional Release Order, requiring them to be of good behaviour for 2 years, without recording a criminal conviction.