Resisting a Police Officer, Offensive Language, Not Providing Name or Address

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John Smith68

20 June 2014
I'm interested in some thoughts on how I should proceed....

Last night I was travelling home on a train from a work function. I had been drinking.
At Sydney Central train station around 11:30PM I was approached by two police officers and asked for my train ticket. I was with a friend and I believe that they approached us because they believed we were trying to push through a ticket barrier without a valid ticket - we both had valid tickets and were not trying to push through a ticket barrier. I provided my ticket to the officer when asked and when I asked for it back the officer who held the ticket refused. He then proceeded to ask me further questions and I continued to ask for my ticket back. Eventually I swore in frustration saying that ticket I gave you is worth $400 f****** dollars can you please return it. At this point I was physically restrained and asked for my name and address. I continued to refuse to answer them until they returned my ticket. In absolute frustration I broke free from how I was being held and was then thrown to the ground and handcuffed. I was taken back to the police station and detained for 3 hours whilst they processed the charges listed: Resisting a police officer, offensive language and not providing name or address

The ticket has not been returned to me still. There is CCTV footage that I haven't yet seen.

So today I've spoken to a few different criminal lawyers. From what I can gather I'm going to be up for a couple of grand in fees if I plead guilty or 4+ thousand in fees if I plead not guilty.

To me this seems like a pretty silly situation. How do you believe the magistrate will view the situation? Would I be foolish to try to represent myself? Am I likely to get a criminal record?

Amanda E

Well-Known Member
9 April 2014
Hi John,
Did any of the lawyers you spoke to give you an idea of - in their experience - the likelihood of the magistrate finding it appropriate to have a criminal conviction recorded against you?

I think it would be in your best interests to have a criminal lawyer represent you - that's their field of expertise and they can assist to get you the best outcome. You can have a look at this NSW Government 'Self representation' page that sets out some key considerations if you're contemplating representing yourself.

Tim W

LawConnect (LawTap) Verified
28 April 2014
  1. Given that it's not just about the ticket,
    you would benefit from proper legal advice,
    and proper representation in court.

  2. Yes, you could end up with a criminal record.
    Your best chance of avoiding that
    is with the help of a lawyer.

  3. Don't let your (obvious) resentment of the situation
    cloud your thinking (yes, that's quite difficult!)