WA Charged with Obstruction 172(2)

[Tom39]

Hi, I have been charge with obstruction of a public officer; issued a $500 fine via mail.

I was with friends, intoxicated, an altercation was taking place, no violence just arguements, I grabbed a friend to restrain him, officer grabbed me from behind and charged me with obstruction.

I had denied this charge when questioned by the officers sergeant; advised him once I realised an officer was instructing me I followed his instruction.

My question is if I just pay the fine, I will have a record? If I would like a spent conviction do I have to do this via court attendance?

I have made a FOI request for body camera footage.

Any advice appreciated.

 

[Ponala]

Fines should not appear on police record checks as it is not a finding of guilt.

So, if your Police Check Australia has a DCO, here are some of the charges you can expect to find;

• All Criminal charges (assault, sexual offence, violence, etc.) including suspended sentences
• Findings of guilt which has not expired even without a conviction
• All criminal offences which are not classified as "spent" charges. It may include but not limited to; traffic violations like drunk-driving, over-speeding, and so on.
• Pending court charges
• Served sentences/convictions

 

[Tom39]

Hi Ponala,

thanks for your reply, I’ve since discovered what you’ve said hidden in the facts on the police website. It would appear the Police are now Judge, jury and executioner; able to dish out fines if they feel they’ve been aggrieved. So I received a response from the police complaint I lodged within 7days to say there was no excessive force used by the Officer; however my FOI request can take up to 45 days, but I have 28 days to pay the fine.. it’s all nicely constructed to make if as difficult as possible to receive fair justice. I read a great Brief below on the issue:

A Practitioner's Guide to Criminal Code Infringement Notices

On 30 March 2015, Western Australia police (WAPOL) officers began issuing $500 on-the-spot fines, referred to as 'criminal code infringement notices' or 'CCINs' for two offences: stealing anything up to the value of $500, and

www.academia.edu

Given there is no record etc and for convenience I’m inclined to just pay the fine, but on principle would love to argue it in court.

The below report also outlines the use of CCIN’s

https://www.ombudsman.wa.gov.au/Publications/Documents/reports/CCINs/Ombudsman-WA-CCINs-Report-Vol-2.pdf

Hopefully this is of use to others