Assault Charge Withdrawn and Section 10 Dismissal for Resist Arrest Charge

Represented a client who was charged with not leaving a licensed premises when asked to do so, resisting arrest and assaulting police, as a result of incidents allegedly occurring at a music festival.

We obtained instructions from the client to adjourn the proceedings, indicate to the Court that the charges would likely be defended and to then make representations to the police to withdraw the charge of “assault police”.

We made lengthy submissions to the police, indicating that the charges would all be defended based on a series of technical, legal arguments available to our client that, in our view, the police could not overcome.

Although the client had instructed us that he would be willing to plead “guilty” to all charges because he did not wish to go to the expense of a defended hearing, it was indicated to the police that the client was willing to plead “guilty” to “resist arrest” if the “assault police” charge was dropped, or else he would defend all charges on the basis of the sound legal arguments put forward.

After careful consideration of our representations and several telephone discussions we had with the police, the police decided to withdraw the assault charge.

At the next Court date, our client pleaded “guilty” to the charge of “resist arrest” and after accepting our submissions, the Court dismissed the matter pursuant to section 10 of the Crimes (Sentencing Procedure) Act, without recording a conviction.