RIGNEY
PROSECUTION ALLEGATIONS
Your Honour, police saw the accused and another male sitting on a bench. Directly beneath the accused was a water bottle containing red liquid. When questioned the accused stated the bottle was his and contained alcohol. Possession of alcohol in Rundle Mall is an offence because Rundle Mall is part of a dry zone.
Police disposed of the alcohol in a nearby bin. Police then asked the accused for his name and address on three occasions. Each time he refused to state his name and address. The accused was arrested for refusing to state his name and address.
While police were walking him to the cage vehicle the accused continually shouted the 'F' word and the 'C' word and waved his arms about in an aggressive manner.
The accused has extensive prior convictions. He was convicted of loitering and refuse name and address in March 2011 at Port Augusta; refuse name and address in August 2008 at Port Augusta; and offensive language and refuse name and address in March 2008 at Adelaide. Between 1981 and 2007 he had 14 other convictions in various country courts.
DEFENCE SUBMISSIONS
Those facts are admitted, your Honour. At the time in question, my client was sitting with a friend adjacent to a number of other individuals all of whom were consuming alcohol.
When police observed the group they proceeded straight to Mr Rigney and began questioning him, ignoring the others. He believes the attention he was given by police was due to his colour and contends that he has a long history of being picked on by police both here and in Port Augusta.
When asked for his name and address he gestured toward to the other group but police ignored this and continued to question him. He became agitated and defiant and refused to comply. Despite this he cooperated with police when they requested an inspection of what he was drinking and admitted that it was alcohol.
Just when he thought the matter was over, the police informed him he was under arrest and proceeded to cuff him and escort him to the police van.
It was at this point that he lashed out in protest of his treatment.
He is aged 46, unemployed and has three dependent children aged 10, 12 and 14 and is in receipt of a disability pension. He is hopeful of beginning a cabinet-making course at Marleston TAFE in the second half of the year provided new medication proves to be effective in improving concentration levels.
EDUCATIONAL USE ONLY
SOUTH AUSTRALIA
/ COMPLAINTMagistrates 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: RIGNEY, Tristan DOB......
dd/mmm/yy
Address
Offence details
- The complaint of Police of Adelaide this 31st day of August 2012 who states that Tristan Rigney At Rundle Mall, Adelaide on the same day in the said State:
Section 7 Summary Offences Act 1953.
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)
Summary Offences Act 1953
Offences Against Public Order
Disorderly or offensive conduct or language
7. (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-
" disorderly" includes riotous;
" offensive" includes 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 harbour, port, dock or river;
(b) premises or a part of premises in respect of which a licence or permit is in force under the Liquor Licensing Act 1985 .