This is a case study involving a client that had his matter finalised at the Broadmeadows Magistrates' Court in September 2021.
Our client was charged with two offences of Resist emergency worker contrary to section 51(2) of the Summary Offences Act.
Date & Location
August 2020, northern suburbs.
Broadmeadows Magistrates' Court, September 2021.
In the months preceding the incident, our client had been in regular conflict with his mother. The conflict escalated to a point whereby his mother sought police assistance and called the police.
On the day of the offence, the police, acting on the complaint made by his mother attended our client's residence and advised that he would be arrested to serve upon him a Family Safety Notice for the protection of his mother.
Our client was at home with his father (his mother had temporarily moved to another address) and had been drinking for several hours and had been very despondent.
He misapprehended why the police required him to attend the police station and thought he was being arrested for a criminal offence. He panicked, and ran from the police and resisted arrest (but did not cause injury or attempt to assault the police)
Later our client was charged with Resist emergency service worker (police).
How case resolved
During early discussions with our client, that his mental health and alcohol consumption were matters which had contributed to the offending. Our client was advised to commence a course of alcohol to address his relationship with alcohol.
Our client gave instructions he would plead guilty to the offences charged, and submissions were made to the presiding Magistrate to mitigate the penalty on the date of his hearing.
It was emphasised in submissions that our client had been careful not to breach the Intervention Order and that in the 12 months that passed (from the date of the offence), his relationship with his mother had greatly improved.
A short report was also tendered to the Court which evidenced he had participated in alcohol counselling for several months.
Our client avoided conviction and was placed on an Adjourned Undertaking for 12 months. The conditions of this Undertaking were to be of good behaviour and to submit to the Court a letter confirming he had completed a course of counselling for alcohol abuse as directed by his counsellor.
Call our office if you have to attend Court
If you are charged with Resist police or any criminal offence, early preparation is often key to a successful outcome. Make an appointment on 03 9668 7600 or email us to get expert legal advice from Shaun Pascoe, an accredited criminal law specialist.