Our client was charged with stealing a bag of groceries and assaulting a police officer by spitting at him as he and an IGA staffer prevented her from leaving the scene, waiting for back up to arrive. The police officer was not on duty but was in his Aussie uniform which included a singlet, shorts and thongs. The police officer momentarily pulled out his police badge, but did not place her under arrest. Our client did not believe he was a police officer. As the groceries had been retrieved before she left the store, our client just wanted to get out of there and was growing frustrated by her continuing detention.
We reviewed all the footage available from the incident and were of the view that we could successfully defend the allegation of assaulting a police officer. On the morning of the trial, the prosecution was motivated to engage in negotiations. We were able to have the charge substituted to an offence of common assault, and to massage the facts to remove reference to spitting, instead, acknowledging that there had been a bit of pushing and shoving of the IGA staffer as our client attempted to leave the scene. The matter then proceeded to a sentencing, in which we persuaded the Magistrate to impose a [suspended] fine, payment of which would only be triggered if our client were to be commit an of an offence in the next 6 months.
