LD was charged with a count of ‘Excluded person re-enter licensed premises’, contrary to section 77 of the Liquor Act 2007, and two counts of ‘Common Assault’, contrary to section 61 of the Crimes Act 1900. LD entered a guilty plea on re-entering a licensed premises after being excluded and the remaining offences were defended.
Chris Cole acted for LD at his Hearing. The prosecution relied on the evidence provided by the complainants and a CCTV footage that captured the incident. Chris called LD to give evidence to establish self-defence. Submissions were then made by each of the Prosecution and Defence.
The Magistrate ultimately found LD, ‘not guilty’ of each of the offences of common assault and both offences were dismissed. With respect to LD’s guilty plea on re-entering a licensed premise after being excluded, the Magistrate fined him the sum of $1,100.00.
LD was very pleased with the outcome of his matter, noting that the maximum penalty for a common assault is 2 years imprisonment and the maximum fine for the other offence is $5,500.00