No Conviction for Affray First Offence

Our client was the leader of a football fan club. He attended games throughout the season along with fellow members of the club.

On the night of the incident, our client attended a local derby game. Supporters from the opposing club followed our client from the stadium to the train station where a brawl took place involving weapons and flares.  The incident was captured on CCTV footage which showed our client punching and kicking an opposing fan. Our client also held the opposing fan while the co-accuseds punched and kicked the opposing fan numerous times.

Following the incident, police were able to identify him and he was charged with affray along with approximately 15 other people.

He came to us after consulting a number of other lawyers who advised him he would receive a conviction and potentially be sentenced to jail.

After reviewing the brief of evidence, we took a different view.

First, we drafted an amended facts sheet to minimise our client’s actions and highlighted the significant provocation that took place immediately before the incident.

We then began constructing our client’s subjective case. This involved having him engage in a lengthy course of treatment with a psychologist. We obtained a report from the psychologist which suggested the offending was due to his anxiety and reaction to the provocation. The report also set out the treatment he had engaged in and that he had rehabilitated himself and was unlikely to re-offend.

Finally, we obtained evidence of the impact of a conviction on our client through his employment contract which set out that he would be terminated if he received a criminal conviction.

Our Sydney Criminal Lawyers appeared at Downing Centre Local Court and made submissions seeking a Section 10 for Affray. The Judge expressed significant reluctance throughout the proceedings given the seriousness of the offending and that the co-accuseds had received convictions and some had received jail sentences. Despite this, we were able to persuade the Judge to impose a Conditional Release Order Without Conviction.

Our client and his family were overjoyed with the result.