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WA Criminal Law - "Disorderly in Public" Charge - Possibility of Lenience?

Discussion in 'Criminal Law Forum' started by keiran, 29 July 2015.

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  1. keiran

    keiran New Member

    27 July 2015
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    Is it possible to get "disorderly in public" and "refusing to give details" thrown out under criminal law? Even through an apology or something?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Keiran,

    An charge will only be "thrown out" if there is not enough evidence to prove your committed the offence. If the police have enough evidence showing you were disorderly in public, or that you refused to give details when you were required to at law, and they decide to pursue the charge in court, then you will be convicted.

    However, if by "thrown out", you mean the judge (Magistrate) will give you a light sentence, such as a warning or fine, then yes, there is a possibility of this. This will depend on your individual circumstances, including circumstances of the offence, your conduct then and since, you criminal background, any character witnesses, you personal background etc.

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