Unlawful Assault and Fail to Leave Licensed Premises When Requested

AssaultThis is a case of Unlawful Assault and Fail to Leave Licensed Premises When Requested, including a charge of Behave in a Riotous Manner which later got withdrawn.

Our client was 22 years old at the time of the alleged offending and 23 years old at the date of sentencing, and has no prior criminal history. The facts of the offending were that our client had attended Crown Casino and had been asked to leave by security guards. He reacted poorly to a request and his interaction with the guards became physical.

Shaun Pascoe acted on the client’s behalf at the Heidelberg Magistrates’ Court. The charges were:

  • Unlawful Assault
  • Fail to Leave Licensed Premises When Requested
  • Behave in a Riotous Manner

Following case conference discussions, the prosecution was persuaded to withdraw the offence of Behave in a Riotous Manner. The court’s attention was drawn to the circumstances of the offending which had involved bouts of depression. Moreover, on the night in question, our client had had an argument with his girlfriend.

Our client’s age was submitted as having a bearing on the outcome having regard to the principles that govern sentencing of young offenders. It was submitted that our client’s prospects for rehabilitation were excellent considering the family support he had been receiving. A delay of several months was also alluded to as it had been the source of continuing anxiety, and served a powerful personal deterrent against further offending. Our client’s excellent employment history was also emphasised.

The client entered an early plea of guilty. He was eventually, without conviction, fined $1,500 for the charges of Unlawful Assault and Fail to Leave Licensed Premises When Requested.


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.

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 15/12/2017