Drunken Assaults Against Police

This is a case study on drunken assaults against police officers.

What is alleged to have occured?
Our client was charged with drunken assaults committed against security staff and arresting police officers who attended the scene. This was a serious matter involving allegations of resisting and spitting on police officers, and headbutting and assaulting security staff.

What happened at court?
We represented the client at the Broadmeadows Magistrates’ Court on the following charges:

The matter proceeded as a plea of guilty following negotiations with the prosecution. The Assault Police charges were amended to proceed as summary offences and the summary had several parts deleted or modified in accordance with the client’s instructions. Submissions as to penalty were then made and there was extensive in-court discussion regarding the matter.

What was the result?
Initially, the presiding magistrate expressed the view that a term of imprisonment was appropriate. But after hearing detailed submissions on the plea and considering the supporting materials tendered, the magistrate accepted that a financial penalty was within range. The client was fined the sum of $3000.

This was a good result especially considering that it was a case of drunken assaults against police officers.

Elements of Assault Police:
  • The accused committed an assault or made a threat to assault
  • The assault or threat to assault was made against a police officer on duty
  • The intent behind the assault or the threat to assault is to resist or prevent the lawful apprehension or detention of a person
Related case studies
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 07/08/2018