Our client believed his ejection from a Perth bar was unfair and decided to continue the discussion outside the venue. As he animatedly argued his case, his hands joined the conversation. In the process, he accidentally grazed the female security guard he was speaking to. The security guard promptly flagged down passing police officers and alleged that our client had touched her breasts. And just like that, our client found himself under arrest on suspicion of sexual assault. A few moments later, however, the security guard clarified that our client had “accidentally” touched her boobs. Despite this clarification, police officers continued to physically restrain our client for approximately 10 more minutes as he repeatedly denied that he had “f***ing” touched the security guard and demanded to know why he was being detained. No explanation was forthcoming.
Eventually, police released him and issued a move on order. As our client began doing exactly what the move on order required, moving on and walking away. He was suddenly grabbed from behind and arrested. His apparent offence? Pointing at a security guard.
Our client was subsequently charged with Disorderly Behaviour and Failing to Obey a Move On Order. Concerned about the impact of a criminal conviction, he engaged our Perth criminal defence lawyers to challenge the allegations. We carefully reviewed the police body worn camera footage and quickly formed the view that the alleged conduct did not satisfy the legal requirements for a disorderly behaviour offence. The footage also revealed something else. Contrary to the police allegations, our client was complying with the move on order at the very moment he was arrested.
The prosecution initially attempted to negotiate a deal whereby our client would plead guilty to one charge in exchange for the other being discontinued. Having reviewed the evidence, we considered that proposal entirely unfair and urged the prosecution to take a fresh look at the case.
Common sense eventually prevailed. Following further representations, the prosecution discontinued both charges.
The result: no conviction, no plea, and no criminal record. Just a lesson in how quickly an animated conversation outside a bar can spiral into criminal proceedings.