1

WHYTE

PROSECUTION ALLEGATIONS

The defendant was observed in Hindley Street, near the corner of Bank Street at approximately 1.30 a.m. on the 7th March 2012. He/she was abusing passers-by and was thrashing his/her arms about in a wild manner.

After the defendant was observed to directly approach several pedestrians and commence abusing them, Police Officers Smith and Arnett approached the defendant at which time he/she became more abusive and tried to move away from the officers.

The defendant was told that he/she was being placed under arrest for disorderly behaviour and Officer Smith took hold of the defendant’s arm. The defendant then pushed Officer Smith’s upper arm, pulling his/her arm free and commenced to run away down Hindley Street. The defendant was subsequently apprehended and conveyed to the Adelaide Watchhouse.

The defendant has no previous convictions.

DEFENCE SUBMISSIONS

The defendant is a 25 year old factory worker. On the night of the offences he/she had been drinking in the Largo Tavern in Hindley Street. After consuming a considerable amount of alcohol the defendant engaged in an argument with his/her girlfriend/boyfriend. The girlfriend/boyfriend then informed the defendant that he/she never wanted to see the defendant again. The alleged incidents with the police occurred shortly after the argument.

The defendant says that the incident occurred only because he/she had drunk a large amount of alcohol and he/she was upset with the girlfriend/boyfriend’s statements. The defendant was still distressed at the time the police approached and he/she did not initially understand what he/she had done wrong.

The defendant regrets the offence and spent approximately 8 hours in custody at the Adelaide Watch-house.

The defendant is single and living on his/her own at Alberton.

He/she works as an assembler on a production line making light fittings. He/she earns $290 per week and pays $80 per week rent and is paying off a loan at the rate of $40 per week in addition to normal living expenses.

I respectfully submit your honour, given the defendant has already spent 8 hours in custody no additional penalty be imposed.

EDUCATIONAL USE ONLY

SOUTH AUSTRALIA

/ COMPLAINT
Magistrates Court of South Australia

Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name:...THE UNDERSIGNED MEMBER OF THE POLICE FORCE
Complainant’s reference
AddressADELAIDE CRIMINAL JUSTICE SECTION
facsimile
Defendant
Name: WHYTE, Wilbur
Address
Offence details
The Complaint of a Member of the Police Force of Adelaide this 10th day of March 2012 who states that Wilbur Whyte on the 7th March 2012 at Adelaide in the said State:
1. Behaved in a disorderly manner in a public place namely Hindley Street.
Section 7(1)(a) of the Summary Offences Act, 1953.
This is a Summary Offence
  1. Resisted constables Smith and Arnett in the execution of their duty
Section 6(2) of the Summary Offences Act 1953
This is a Summary Offence
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainantWitness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)

Summary Offences Act 1953

6—Assaulting and hindering police

(1) A person who assaults a police officer in the execution of the officer's duty is guilty of

an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.

(2) A person who hinders or resists a police officer in the execution of the officer's duty is

guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

(3) Upon convicting a person for an offence against this section, the court may order the

convicted person to pay to the police officer against whom the offence was committed

such sum as the court thinks just as compensation for—

(a) damage caused by the defendant to property belonging to the officer or to the

Crown;

(b) bodily injury caused by the defendant to the officer.

(4) Compensation so awarded in respect of damage to property of the Crown must be paid

by the police officer to the Treasurer in aid of the Consolidated Account.

(5) In this section—

hinderincludes disturb;

police officer includes a special constable.

7—Disorderly or offensive conduct or language

(1) A person who, in a public place or a police station—

(a) behaves in a disorderly or offensive manner; or

(b) fights with another person; or

(c) uses offensive language,

is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

(2) A person who disturbs the public peace is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

(3) In this section—

disorderlyincludes riotous;

offensiveincludes threatening, abusive or insulting;

public place includes, in addition to the places mentioned in section 4—

(a) a ship or vessel (not being a naval ship or vessel) in a harbor, port, dock or

river;

(b) premises or a part of premises in respect of which a licence is in force under

theLiquor Licensing Act 1997.