BAILEY
PROSECUTION ALLEGATIONS
Your Honour, the victim is a crowd controller who was working at the La Mama Hotel
Rundle Street ADELAIDE on the night in question. He states his supervisor indicated
to him that a group of people were acting in a disorderly manner in the upstairs part
of the hotel.
Part of the group left the hotel and became involved in an altercation on the footpath
outside the hotel. The victim and other crowd controllers ran outside. The victim went
to the aid of another crowd controller involved in the scuffle. The victim went to
separate the parties, then saw stars and fell unconscious to the ground. He was on
the ground for a few minutes, until taken to the Royal Adelaide Hospital by
ambulance. He was subjected to various medical tests including CT-scans and for
some time after the incident suffered headaches and pins and needles in his fingers.
Deegan McPherson, a witness, is the security supervisor at the hotel. He saw the
accused with a group of people in the upstairs part of the hotel. Most of the group
came downstairs but the accused remained upstairs. The group went outside and the
altercation on the footpath started. The witness saw the accused come down the
stairs and approach the group, by which time the victim had attempted to intervene.
The accused approached the victim and punched the victim three times to the back of
the head, causing the victim to fall to the ground. The witness called police, and when
they arrived he identified the accused to them.
Police observed the victim to be stunned and limp, although he was conscious when
they arrived. Police spoke to the accused, arrested her and took her to the City Watch
House where she was interviewed.
The accused initially told police she went to help her girlfriend who had been hit and
that she may have thrown some punches but she did not think they hit anyone. When
formally interviewed she refused to answer any questions.
The accused has only a conviction for a traffic offence from February 2005.
DEFENCE SUBMISSIONS
Your Honour, those facts are admitted. My client is 26 years of age and currently
undertaking post-graduate studies in Law. On the night in question my client had
been working a long shift during the Fringe Festival and was keen to knock off work
and join her partner and other friends for a few drinks and to soak up the Fringe
atmosphere. It is common practice for her to have a few drinks after a shift.
Her partner was waiting in an outside booth at the Hotel, having a few quiet drinks.
Her friends who had come from upstairs joined her. They were followed by a few
crowd controllers who began remonstrating with the group.
My client observed some animated shouting followed by pushing and shoving.
Another crowd controller, the victim, joined the disturbance and grabbed my client by
her shirt calling her a stupid dyke as he tried to push her away from the proximity of
the hotel. His co-workers joined in the abuse.
My client instructs me that she became angry and moved from her position behind
the bar, towards the disturbance. She approached the victim who she believed to be
taunting her partner regarding her sexuality and lashed out. She thinks she may have
struck the victim a glancing blow with her foot but cannot recall knocking him out.
Her partner later told her that the victim had been verbally abusing her without good
reason.
My client is 26 years of age and apart from a minor traffic incident a long time ago,
has an unblemished record. She is extremely sorry for what occurred but maintains it
is important for her to stand up for her rights rather than be continually subjected to
ridicule.
She currently works part-time at a food outlet while she is attempting to complete
studies in law and fears a conviction in this case may adversely affect her future
career. After allowing for rent and other expenses she is left with around $50 per
week.
Those are my submissions your honour.
EDUCATIONAL USE ONLY
SOUTH AUSTRALIA
Form 4
Court Use
INFORMATION
Magistrates Court of South Australia
www.courts.sa.gov.au
Summary Procedure Act, 1921
Sections 101
date filed
Informant
Name:. THE UNDERSIGNED MEMBER OF THE POLICE FORCE
Address
ADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name:
BAILEY, Casey
Address
Offence details
1. The Information of a Member of the Police Force of Adelaide this 11th day of March 2012 who states
that Casey Bailey in Rundle St Adelaide assaulted one Kobe Coroski thereby causing actual bodily
harm.
Section 24 of the Criminal Law Consolidation Act, 1935.
This is a Minor Indictable Offence
The informant may make application for compensation.
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
..............................
Date
..........................................
Informant
..........................................
Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)
Criminal Law Consolidation Act 1935
24—Causing harm
(1)
A person who causes harm to another, intending to cause harm, is guilty of an offence.
Maximum penalty:
(a)
for a basic offence—imprisonment for 10 years;
(b)
for an aggravated offence—imprisonment for 13 years.
(2)
A person who causes harm to another, and is reckless in doing so, is guilty of an offence.
Maximum penalty:
(a)
for a basic offence—imprisonment for 5 years;
(b)
for an aggravated offence—imprisonment for 7 years.