TI was charged with eight offences relating to a single traffic incident. Namely, ‘Assault Police Officer in execution of duty w/o ABH’, contrary to s 60(1) Crimes Act 1900, ‘Use offensive language in/near public place/school’, contrary to s 4a(1) Summary Offences Act 1988, two counts of ‘Resist Officer in execution of duty’, contrary to s 58 Crimes Act 1900, ‘Not comply with direction to stop/move etc light vehicle’, contrary to s 67(1) Road Rules 2014, ‘Not stop at line (intersection with no lights), contrary to s 46(1) Road Rules 2014, ‘Disobey no left turn’, contrary to rule 91 Road Rules 2014 and ‘Not give left change of direction signal with lights’, contrary to s 46(1) Road Rules 2014.
A plea of ‘guilty’ was entered to the ‘Disobey no left turn’ offence and pleas of ‘not guilty’ were entered to the remaining 7 sequences. Chris Cole acted for TI in these matters.
The matters proceeded to Hearing on which occassion Chris cross examined the Officer in charge. TI was then called to give evidence. Ultimately, Her Honour found TI ‘not guilty’ for each of the offences to which he pleaded ‘not guilty’. Additionally, Her Honour was highly critical of the Officer in charge’s conduct, which was captured by a witness at the time of TI’s arrest, ultimately finding arrests on both occasions were unlawful.
Chris then made an application that the Prosecution pay TI’s professional costs. Her Honour subsequently made an order that NSW Police pay TI’s professional costs.
With respect to the offence which TI pleaded ‘guilty’ to, Her Honour noted the plea and dismissed the charge with no penalty pursuant to s 10(1)(a) Crimes (Sentencing Procedure) Act.
This is an excellent result.