Arrested In Northbridge

Last night I was ejected from the “Elephant and Wheelbarrow” hotel in Northbridge. According the bouncer who ejected me I was too drunk to be in there.

Why he thought this I wasn’t sure, because I was in quite fair condition and the pub was very busy, which makes me wonder how he decided from amongst the crowd of people in there that I was drunk enough to warrant eviction.

Three ideas:

1. Because I am tall, maybe he saw my head bobbing above the crowd and short man syndrome kicked in.

2. My slanted eyes may have given me the appearance of being sleepy.

3. Maybe I tripped over while he was looking at me or something, but I certainly don’t remember anything like that happening.

Anyway, while I was at the bar waiting for service, the bouncer walked up to me and tried the old trick of saying “Can I just talk to you outside for a moment”? Which is a ploy designed to get you closer to the door so they can muscle you out faster when they inform you that you are ejected.

I replied simply that if he wanted to “talk to me”, he could do so right here. If on the other hand he wanted to eject me, I wanted to know for what reason.

He gave no reason and simply called for 2 more bouncers and the largest of them armlocked me and forced-marched me out the door. I offered no resistance of any kind.

Once outside the pub I stood around waiting for my friends who were still inside on the dance floor. (bouncers rarely eject anyone in a group, they wait until you are alone at the bar or going to the toilet, because they are cowards).

The same bouncer who had ejected me was standing on the door and told me that I couldn’t wait outside the pub for my friends. I informed him that on the contrary, I certainly could and I would be waiting just where I was for as long as I pleased.

He threatened to call the police, I let him know I wasn’t concerned if he did because I had done nothing wrong and was continuing to do nothing wrong, except really annoy one insecure little bouncer.

The police were called and asked me to move on. I said to the police that I had done nothing wrong and was waiting for my friends. I said that they had no right to ask me to leave a public footpath when I had neither committed nor was likely to commit any crime.

The police then officially issued me a move-on notice (which stated I had to leave the area bounded by Roe, Beaufort, Fitzgerald and Newcastle streets, aka Northbridge) and said they would be back in 5 minutes, at which I would be arrested if I hadn’t left Northbridge altogether.

I informed them again that I had committed no crime and wouldn’t be moving. They came back 5 minutes later and bundled me into a paddy wagon and took me to Curtin House. They stuck me in the lockup with an accused drug dealer called Lenny while approxiamately 6 police officers attempted to find out exactly what kind of drugs he was carrying. When I was processed and bailed about 40 minutes later they still hadn’t worked it out.

I am due to appear in court on November 9. The charge on my bail undertaking is “Suspects and others may be ordered to move on”. Until then I am not allowed to go into Northbridge.

The maximum penalty for this charge is $12,000 fine or equivalent prison time.

I was also issued a $100 on the spot infringement notice for “failing to leave licensed premises on request”, a notice I will also be contesting because I was already out of the licensed premises when police arrived.

Any advice on how to tackle these two cases would be much appreciated.

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141 Comments on “Arrested In Northbridge”

    • Panda Says:

      LOL this is you typical drunk that gets kicked out..

      Of course its funny reading it from the drunk person point of view — cause I’m usually the one kicking people out

    • bob Says:

      For the record the law has now changed
      “I was also issued a $100 on the spot infringement notice for “failing to leave licensed premises on request”””

      The offence is acutally now failing to leave licensed premises AND THE IMMIEDATATE VICNITIY on request

  1. Scott Says:

    Damn. I’d be betting big if I were you. Look on the bright side- at least you didn’t get a sudden urge to headbutt the pavement in the presence of the police.

    My guess is, you are fucked, sorry.

  2. Roy Earle Says:

    Sheesh mate,
    The police can do anything they like, anytime they like.
    Welcome to the real world.

  3. Nilk Says:

    And here I thought Brackistan was Australia’s only police state. Looks like you’re in one too, Sam

  4. jen Says:

    Admit it, you were bored
    it would have been fairly entertaining for you, them and bystanders – looks like you get the bill


  5. Damn officious pricks.

  6. PeterTB Says:

    Did they breathalyse you, or take a blood sample?

  7. yobbo Says:

    No, but I wasn’t being charged with being drunk + disorderly, simply for “refusing an order to move on”.

  8. Angie Says:

    Wow! That is pretty screwed up. I think I can top that story, but I’m actually too embarassed to share. And only three of my friends have heard what happened. Let’s just say it ended with a taxi ride from the emergency room to the pub I was at the night before, and the taxi driver proceeded to jack off while driving me back. Lucky me. (absolutely worst night ever!) And yes, police were involved too.

  9. derrida derider Says:

    I’m sorry to hear this, Yobbo.

    But maybe the silver lining for we weak-kneed bleeding-heart civil liberties types is that you’ll perhaps be a bit more sceptical of giving the powers that be more leeway when it comes to dealing with “suspected terrorists” and Lakemba muslims and the like.

  10. steve Says:

    Maybe you should learn to respect authorities, you commie rabble rouser.

    As Sir Hamilton once noted, if you don’t like the rules in this country, you are perfectly free to piss off.


  11. I’m sorry to hear this Yobbo. My theory is that the cops just want one of your apologies – like you gave them last time.

  12. J F Beck Says:

    A recent similar case.

    It ain’t looking good.


  13. Getting of the “failing to leave licenced premises upon request” will quite difficult, it will be a bit like being ticketed for running a red light, even though the light was green, and trying to get off it.

    All the best.

    The refusing an order to move on is much more serious. The cops couldn’t care less if you moved on or slept in front of the pub all night. What they care about is that their instructions were disobeyed, which in the cop view of the world is VERY serious. It is no longer about the validity or otherwise of your desire/need to stay put, it is about cops being ignored, and nothing else. All the best with this one.

    A sympathetic (read: lefty) magistrate is your only chance on both the charge and the ticket.

  14. drscroogemcduck Says:

    did you get done under a law from the prostitution act..

    hehehehe

    http://www.austlii.edu.au/au/legis/wa/consol_act/pa2000205/index.html

    Police may direct person to move on

    24 . Police may direct person to move on

    A police officer who has reason to suspect that a person has committed, or intends to commit, an offence in or in the view or within hearing of a public place may, in writing in a form approved by the Commissioner, direct the person to move away from that place and a surrounding area specified in the direction, and stay away from it for a period of not more than 24 hours specified in the direction.

  15. Cristy Says:

    There is probably a community legal centre in your area from which you can get free legal advice on this issue. They probably don’t have the resources available to represent you in court, but they can probably provide you with a decent referral once you have seen them.

    I am not sure where you live, but a directory of all community legal centres is available at: http://www.naclc.org.au/

    Once you are there, click on directory, then Western Australia and then just scroll down to the centre that is closest to you..There should be contact details and some information about when they are open for appointments. Some are walk-in, while others require that you call up and make an appointment prior to showing up.

    Your other option is to call the Community Legal Centres Association (WA) Inc. They will provide you with a referral to appropriate community legal centres or other sources of assistance. Their telephone number is 08 9221 9322, or you can email them at administrator_clca@fcl.fl.asn.au

    All the best, I do hope that you are able to resolve this issue.

  16. SJ Says:

    My quick reading of the Act (posted over at LP) is that if you front court without a solicitor you’re toast.

    The stakes are high: the maximum penalty is one year imprisonment and a fine of $12,000.

    You will probably have to find a solicitor yourself, our system doesn’t work like the one you see on American TV shows.

    Legal Aid WA may pay for some or all of your legal costs if you qualify for aid. They will give you (some) free advice over the phone. Don’t assume that one of Legal Aid WA’s duty solicitors will be at the court to explain things to you on the day. Ring Legal Aid first thing Monday morning. 1300 650 579.

    http://www.legalaid.wa.gov.au/LAServices/aspx/default.aspx?Page=LAWAServices.xml

  17. ozrisk Says:

    Yobbo,
    Looks like you have half the blogosphere up in arms about this. If this keeps going it will be the police that need the luck. If you are going to organize a protest out the front of Parliament House, let me know. I have a few friends there who may help.

  18. Troy Says:

    “My slanted eyes may have given me the appearance of being sleepy”

    haha yeah know what you mean, I have the same problem. Bouncers sometimes dont let me in and bartenders will only serve me water when I’m not even tipsy. now I make sure to open my eyes right up when I walk past the bouncers at the door or order a drink.

    The Elephant and Wheelbarrow you say ?
    hahahahahaha yeha we all feel the need for an easy to pick-up drunken 45 year old woman from time to time.

  19. Graham Bell Says:

    Yobbo:
    Sorry to hear this has happened to you ….. But welome to Howard’s new Soviet Australia where injustice happens only to evil-doers.

    If any professionals offer you any real legal advice here, take it. (I’ve a feeling there might be the odd Judge or Senior Counsel travelling under noms-de-plume in Ozblogistan for a bit of fun and relaxation).

    My own instinct is that rather than tackle this head-on and bare-handed (a surefire way to have even more costs and injustice heaped on you), perhaps you and your friends could try a “commercial” approach ….. but for heaven’s sake DO NOT threaten them or put on a commotion inside or outside the place.

    These people are in business to make money. If they find that their failure to hire suitable people as bouncers, to train them properly and then to supervise them adequately is actually costing them money. you might get a change of attitude.

    And again, I wonder what would be the attitude of rival nightspots in the same area if they knew why you and your friends were taking your business right away from all businesses in the area – forever?

    Think about it – there are plenty of ways to skin a cat.

    • Panda Says:

      Here is what you don’t seem to get.. If it was up to the pubs and clubs they wouldn’t kick drunk people out as you correctly pointed out that cost them money They are forced to have bouncers.. and will get shut down if they don’t kick drunk people out.. That have no choice..

  20. yobbo Says:

    Graham: The pub I was drinking at is not involved in this matter. It’s a criminal charge laid by the WA police for failing to obey their move on order.

    In any case, the liquor industry in WA is about as far from a free market as possible. Boycotting drinking places will have no effect because the entire industry is a closed shop.

  21. Dane Hayden Says:

    That’s pretty fucked.

    Short of finding a sympathetic QC to challenge the law for you, I’d say it’s time to bite your tongue and plead guilty. Maybe you can contest the cops’ reasons for moving you on. You’re unlikely to get the maximum penalty (but i guess that’s not very comforting from your point of view).

    Best of luck.

  22. Boris Says:

    Yobbo, unfortunately, I can’t offer you more than an unreserved sympathy. We are with you!


  23. Bugger. In my experience judges are much more reasonable than police. Wear a suit and call the judge “sir” and put in some personal references. Good luck.

  24. neolithic Says:

    I got thrown out of a pub when I was a teenager in very similar circumstances. I had done nothing wrong but when you are 6foot 4inches tall, people seem to notice you more. Bouncers literally threw me out and I landed on my head in the street.

    I was so pissed off about this fact that I stuck my head straight through the window and threatened to kill the bouncers (things you do when you’ve had a few beers). Funnily enough none of them would come out though.

    Bouncers waited until I started to walk away and then jumped me from behind and kicked the crap out of me (major kicking) and stopped just as the police turned up. Despite my protests at being kicked up and down the street, I was arrested and consequently fined £200 and got a behaviour order to be a good boy. Bouncers got zip.

    Police are mainly tossers who can only get people to do anything they say by threatening to arrest them.

    Whatever you decide to do, good luck with it.

  25. Andrew Leigh Says:

    Sam, good luck with the case. A criminal record can be annoying later on in life (eg. entering other countries), but if you have no other convictions, you may be able to avoid having one recorded here.

    I’ve emailed a couple of legal mates on your side of the country. Hope one of them is able to help you out.

  26. rat Says:

    that sucks. i agree, get legal representation. it might cost you a bit but it will be worth it.

  27. BJAS Says:

    Yobbo,

    If I was in WA I would appear for you, but I am not in WA. If you want to email me directly I am happy to talk with you.


  28. Yobbo,

    1. You should have “framed” your response to the bouncer differently; “No, it’s fine to talk to me here mate, what seems to be the problem?”. You should get a good idea of how many drinks you had, and how many do you normally have?

    2. Don’t ever argue with cops. You should have asked them why you were boing moved along. Ask them for an explanation of everything as well.

    3. It seems the police have given any representation you seek ammunition – it appears their “move along sir” order was given due to the fact you were also fined for refusing to leave a licensed premises…otherwise how can they justify the fine? Your refusal was that you refused to be put in a potentially dangerous situation and you, as you said, were thrown out with no physical resistance (with witnesses). At no time were you actually asked to leave?

    4. Make sure your friends write out good depositions. This will sink you if they don’t.

    5. I know a cop who arrested a violent suspect (career criminal) who threatened to kill him with a knife and he was on methamphetamine. He’s in the shit because it got violent. The world isn’t fair is it? You got arrested because a bouncer wanted to limit the competition and pick up a drunk chick? Something is amiss in the criminal justice system.

    6. See legal aid or a chamber magistrate immediately, then get representation, cough up the big bucks and get good references, as many as you can. Hundreds if it is possible. Wear a nice suit, like Andrew and John said.

    7. Try to get it delayed to get better representation.

    Vice Act? $12000 fine and a year’s gaol? This is nuts.

    • Panda Says:

      “”. You should have “framed” your response to the bouncer differently; “No, it’s fine to talk to me here mate, what seems to be the problem”

      that wont work — that is just going to get you dragged out — in fact when bouncer say that it usually means — either you walk out peacefully or you getting dragged out

  29. yobbo Says:

    ABL: The police didn’t mention the infringement fine until AFTER I had already told them I wasn’t going to obey the move-on order. It was given purely out of spite because I challenged their authority. If I had have just walked away I wouldn’t have gotten a formal move-on notice OR the other infringement notice.

    I don’t think the bouncer was jealous of my pulling skills. I wasn’t talking to any girls at the time, I had just gone to the bar to get a drink.

    As far as how many drinks I’d had, it was only around midnight and on a usual Saturday night I’d be out until about 3 or 4am and still be fine. I was there with 3 of my mates and none of them thought I was particularly drunk at all, let alone drunk enough to be ejected.

    Like I said the bouncer just got it wrong, but bouncers are never willing to admit a mistake and once they’ve made their decision they are never going to reverse it.

    I just wanted the bouncer to tell me why he thought I was too drunk to be in there. That sort of information is handy because it can help me to avoid repeating the behaviour in future, whatever it may have been.

    But he wasn’t interested in talking. As I have already said, him saying “I want to talk to you outside for a minute” is simply a ploy to get you closer to the exit so he can evict you more easily, and in the case that the evictee offers resistance, it won’t adversely affect the patrons inside the pub and make the place look bad.

    I didn’t refuse to leave the place, I just wanted the bouncer to tell me his reasoning first. Instead he summoned 2 others and they forcibly threw me out. Then he called the police when I continued to stand around outside.

    • bob Says:

      LOL this just gets funnier — where to I start with what is wrong with this story

      a) “If I had have just walked away I wouldn’t have gotten a formal move-on notice OR the other infringement notice.”

      No shit — that is the idea of issuing a move on notice — if you walk away of course you arent getting a move on notice


  30. Seems to me that if you can prove that i) you did not refuse to leave and ii) the move along order was issued for this, but you were fined for refusing to leave after you were asked to move on, that a solicitor or barrister could give the police a hell of a time.

    I would be interested in the motivation of the hotel in calling the police when you offered no physical resistance at all. Maybe you’re just too bloody scary, yobbo.

  31. yobbo Says:

    I doubt the hotel was involved in the decision-making process. It was the act of one bouncer who was pissed off and confused that I had simultaneously 1.) defied him and 2.) given him no excuse to use violence against me.


  32. yobbo – I don’t disbelieve your story BUT on the surface at present it just sounds like every other drunk in hotel chucked out by bouncer story.

    How many drinks? – I don’t know but I wasn’t drunk and my mates will say so: Sorry but this sounds like the same old story heard everyday in court.

    You need to get a grip on the number of drinks you had – how much money did you spend? how many drinks an hour? were you drinking spirits, pots, pints, small glases, wine, beer, water every second drink?

    Was the pub crowded, raucus, or were you having a quiet chat about the place of Libertarianism in a post -leftist Society with special reference to the Western State?

    Did you slur words? Were you yahooing? or Yobboing? Were you staggering?

    I’d be surprised that the beak would be impressed if the plod or prosecution brings up that you run a blog called YOBBO with almost naked Asian “lingerie models” each friday and that you make a living by online gambling. Just be thankfull you weren’t caught buying superphospate for the farm, with a full beard and a Koran under your arm.

    I’m not a lawyer, nor do I impersonate one on the internet, but I’d say your big goal is to avoid having a conviction recorded – that might mean a “plea bargain” so to speak or swallowing a few principles.

    Good luck.

  33. Sinclair Davidson Says:

    You’re being too nice about the hotel. The bouncer is the hotel owner’s agent.

    If the police have the have ‘reason to believe’ then your solicitor should summons the two cops and enquire as those reasons. Get them to exhaust their memory before consulting their notes.

    • Panda Says:

      he was being kicked out of a pub/club. for intoxication who do you think the judge is going to believe the sober cops and bouncers or a drunk who has been kicked out.

  34. Graham Bell Says:

    Yobbo:
    Sorry. Misunderstood the situation.

    ABL had good advice – especially on seeing a chamber magistrate and on getting a swag of depositions, stat decs, affidavits, whatever. Also FXH.

    Although there is probably a police complaints system there (if you dare take the risk of using it); it mightn’t do any harm if you contacted whatever police training facility you have in your state about what seems to be a failure in training (but for pete’s sake call it “a suggestion on improving standards” rather than “training failure”).

    Good luck!!!

  35. saint Says:

    I replied simply that if he wanted to “talk to me”, he could do so right here. If on the other hand he wanted to eject me, I wanted to know for what reason.

    Ouch

    He threatened to call the police, I let him know I wasn’t concerned if he did because I had done nothing wrong and was continuing to do nothing wrong, except really annoy one insecure little bouncer.

    Ouch

    The same bouncer who had ejected me was standing on the door and told me that I couldn’t wait outside the pub for my friends. I informed him that on the contrary, I certainly could and I would be waiting just where I was for as long as I pleased.

    Ouch

    The police were called and asked me to move on. I said to the police that I had done nothing wrong and was waiting for my friends. I said that they had no right to ask me to leave a public footpath when I had neither committed nor was likely to commit any crime.

    Ouch

    I informed them again that I had committed no crime and wouldn’t be moving. They came back 5 minutes later and bundled me into a paddy wagon and took me to Curtin House.

    Ouch

    What FX said. Do everything required to avoid a conviction. Not a time for flagwaving.
    Hope you succeed.

  36. saint Says:

    Oh and never ever ever tell a cop he doesn’t know his job. I know they are not all angels but we couldn’t survive without them. Give them the respect they are owed.

  37. yobbo Says:

    Actually I didn’t use such a combative tone with the cops as I did with the bouncer. I just said I think it’s a shit law and I wouldn’t obey it out of principle.

    They thought it was a bit of a giggle and I was just an idiot. Something like 6-7 cops turned up to start with but they all basically wandered off after a few minutes once they realised I was just being a knob and wasn’t going to do anything. I think they were bored. When they came back there were only 2 of them.

  38. James Farrell Says:

    I don’t think you have any legal right to disobey a police directive to move on. Given that you disobeyed the directive, your best bet is to plead guilty, show remorse and get off lightly.

    The alternative is to plead guilty but be defiant, and announce that your refusal was an act of civil disobedience. You might do this if you think that the law is bad – that is, it gives police too much arbitrary authority, and that the law should be changed so that, say, police in future need a warrant to move people along. The snag is that your campaign against this bad law only started when you were personally inconvenienced by it. You would have more credibility if you had obeyed it the first time, then commenced a public campaign against it, culminating in an orchestrated violation, preferably in front of TV cameras.

    But, supposing it’s reasonable for police to have discretion to move people on, the real question is whether there exist adequate safeguards against the abuse of this power. Supposing you had obeyed the direction, what avenues are there for complaint afterwards? Do people who can prove that they’ve been unreasonably pushed around mange to get compensation? Can individual police officers be disciplined if a complaint is upheld? If the answer to these questions is no, then there is no disincentive for police to bully and harrass people on footpaths; and clearly the complaint mechanism needs strengthening.

    In this case, after pleading guilty and showing remorse, your next step would be to speak to the Council for Civil Liberties, and offer your services in their campaign for reduced police powers.


  39. Farrell: I though the police had to have a good reason for issuing a move along notice.

    Yobbo was issued a failure to leave a licensed premises fine after he got stung for failing to move along, outside a licensed premises. By his own account, he never actually made any physical struggle nor was he ever asked to leave – he simply asked the bouncer be honest and not put him into a potentially dangerous situation.

    So why was it issued?

    1. Did he create a reason for the bouncer to believe he was going to harm himself and others (i.e assault the bouncer later)? This is hardly a good reason if a bouncer is worried about what a non-resisting patron does. If a patron gets violent, and gets chucked out, are they pre-emptively charged with intimidation or fraccas?

    2. Do people who normally get ejected from a pub get a move along order?

    3. Was he displaying anti-social behaviour?

    1. Not by his account which he says he can verify. The answer to the strawmen following is no.

    2. No.

    3. Not unless every other tipsy person in the country is treated in the same way.

    It’s not just a bad law, it was very poorly executed.

  40. James Farrell Says:

    You should stop addressing people by their surnames, ABL. It makes you sound like a schoolboy.

    No one is disputing that Sam was unfairly treated. And yes, of course the police need a reason. The questions are, do they have a legal obligation to explain the reason to the person being moved on, and what remedies are available if that person feels the direction was unreasonable? If you know the answers to these questions, you could advance the discussion by telling us, rather than repeating what Sam has already explained very lucidly.

    • Panda Says:

      The answer is NO.. they have no legal obligation to give any reason at all.. A pub and club can kick someone out for the area for any reason or no reason at all.
      Of course in reailty the reason the cops give is going to be drunk and disorderly.. and good luck arguing with that when you have been kicked out of a pub- and of course the bouncer are going to tell the police you were being disorderly.
      Who is the judge going to believe the sober bouncer and police or some drunk idiot who was kicked out


  41. You’re redifining this discussion to suit your idea that he should take it on the chin. If someone questions the authority of the police it is generally irrelevant. The real question is whether or not they had a good reason to issue it the move along order and consequently the fine for not leaving a pub when asked. That is what has been made to face the court for, not actually questioning the police. Do they have an obligation to explain anything? I’m not sure. But I am sure as hell they need a good reason to curtail your liberty.

  42. Eric Says:

    You need to make a decision. Do you want to be “right” or do you want to visit Japan and Singapore again? It may not happen immediately, but I can assure you that the chances are high that you’ll be flagged on the immigration systems in both those countries and picked up coming through customs. If this happens, then you’ll be lucky if you get stay overnight in the airport.

    Me? I’d pick sex in Tokyo and Singapore any day of the week over taking this one to its logical and unwinnable conclusion.

  43. Nic White Says:

    You could media whore a bit if you have enough time to make enough noise about the issue that it might positively influence your case. If enough people take notice there could be pressure to let you off, rather than inflame public opinion. If not, it’s just going to piss everyone off and get you slammed a bit harder – but you’re a gambling man.

    Unfortunately I’m not really at the stage in my career where I know anyone powerful in the industry personally, so I couldn’t tell you who to talk to.

  44. Infidel Tiger Says:

    The greater crime committed by you was to drink in Northbridge. A foul cesspit of foreign muck, plagued by malcontents, gangsters, haridans, whores and those who have no sense of taste.

    The move on order was the friendly wallopers curt reminder that you should have more class than to immerse yourself within this den of inequity. You failed to heed his helpful advice. May the scales of justice be kind to you.

  45. Nic White Says:

    Where do you drink then?

  46. Lizzy Birdsworth Says:

    As the lawyer qouted to the white collar miscreants in the movie Office Space.
    “My advice would be to kick someones ass before you become someone’s bitch.”

  47. Infidel Tiger Says:

    Where do I drink? Good God, man! Not with the great unwashed. Don’t you belong to a club or live in a suburb of sufficient socio-economic standing to maintain a watering hole?

  48. AD Says:

    I have to state that Northbridge is for bogons.

    Try Freemantle, Subiaco, or Leederville, anywhere but Northbridge.

    Maybe the publican of the “Elephant and Wheelbarrow” will take note of the loss of trade and do something to clean his Welcome Act.

  49. Alan Says:

    Section 50 of the Police Act 1892 – only came in last year. Generally used to remove anyone who is a bit pissed or a bit argumentative from a public area. Be thankful you weren’t also charged with disorderly conduct, and that you didn’t give them a bit of stick when they took you in – that would have led to an obstruct charge, and maybe even an assault public officer charge.

    Almost impossible to defend – the beak woul have to find that the officer did not “reasonably suspect” that you were committing a breach of the peace. It’s a subjective test.

    The average beak would probably give you a fine of a $100-$300 or thereabouts, or a good behaviour bond in a similar sum. You should ask for a spent conviction so that you don’t get a criminal record. You have to show prior good character to get one of those, so come to court with a couple of obsequious written character references mentioning your shame at the offence and otherwise tremendous respect for the police blah blah blah.

    Yes I know saying all those things about you will stick in the craw, but we do live in a police state, so get used to it.

  50. Alan Says:

    P.S. While you might want to hire your own lawyer, bear in mind it is considered a minor public order charge; so don’t go overboard. The Legal Aid Commission supply a duty lawyer service. Get to court at 9am to be interviewed by the Duty Lawyer and they should look after you quite adequately.

  51. Darlene Says:

    Well, it beats my lousy ticket the other day for getting on the tram without a ticket and then calling the inspector a fascist.

    Just do what you need to do, Yobbo, which I am sure you will.

    Infidel Tiger, sounds exactly like the sort place Yobbo should be drinking, and I hardly think that’s the point. Anyway, I wouldn’t know. Ask skeptlawyer, cos she’s a lawyer dude.

    That’s Nic White; haven’t heard from him for a bit.

  52. Ian Says:

    Yobbo, been close to there and done that scenario; in a nut shell: suit, manners, personal references (the higher up the establishment pecking order the better).

    I wish it weren’t so, but ya flogging a dead horse unless ya got a really rich uncle in which case high calibre legal reps will help lots ( again, the higher the calibre the better)

    Irrespective, they told ya ta move and ya didn’t; yup stinks/stunks whatever…. ya couldashoulda just walked off hey:-/

  53. Big JW Says:

    Yobbo, here’s my $0.02:

    1. Get a solicitor…

    2. SHUT YOUR TRAP! (I guarantee that is the first thing your solicitor would tell you.) You already appear to have admitted that you told the cops that you weren’t going to obey their instructions and that (among other things) you “just said [you] think it’s a shit law and [you] wouldn’t obey it out of principle”.

    Not only do judges generally not look upon the “I think it’s a shit law” defence with much favour, but you also may have already locked yourself into a story, which is a really bad idea if you intend to fight this. If you testify in the case, your words on this site could potentially be used against you, and if you say something that contradicts what you have said online (e.g., you testify that “I never said I wouldn’t obey their instruction”) then you have a potential perjury charge.

    So make sure that if you do give an affidavit or you do testify, that you do not contradict what you have said online. That is a way to turn a minor thing into a really bloody big thing.

    My experience (based on jurisdictions outside WA) is that a cleanskin who gets up on a minor charge like this can expect to have no conviction recorded if he pays the fine and says sorry. If he seeks to challenge it though, the authorities are likely to push back and resent the fact that you are requiring them to commit time and resources to prosecuting the matter. A very good friend of mine (who happens to be a lawyer) engaged in some derelictical behaviour that saw him end up on a trespassing charge. It could have ended with him spending a night in jail and paying a fine with no conviction recorded, but he had to be a self-righteous lawyerly smart-arse and fight it. They came down on him like a ton of bricks – he got convicted and heavily fined and now he wishes he had just chalked it up to experience.

    So frankly, if you intend to fight this, and your primary objective is to clear your name as opposed to obtaining martyrdom, then for god’s sake stop talking and keep your powder dry. Any police prosecutor worth half a damn who reads this page would pop a simply enormous chubby at the mere thought of cross-examining you.

    Again, get a solicitor. I am a lawyer but I am not admitted in WA. So the above is not legal advice. Don’t rely on anything I said. I don’t know WA law, procedure or practice. And did I mention that you should get proper legal advice from a solicitor?

    Good luck, mate!

    PS I would also suggest that if you do get a solicitor and fight this, make sure the solicitor is aware of the blogosphere’s interest in this and the comments you have made. You don’t want your lawyer first finding out about your online statements when you get cross-examined under oath.

  54. Daniel Lewis Says:

    This would never have happened, if you were in your room, at home, in your hijab.

    Best of luck.

  55. Dane Hayden Says:

    Just a thought: clear this site (temporarily) of anything anti-police or pro-drinking. If, by some small chance, your blog is raised by the prosecution, it might say some bad things about your character.

  56. Dane Hayden Says:

    … As BigJW mentioned above.

  57. geoff Says:

    Do not talk to the police. As general advice do not answer questions from the police and resist the strong temptation to attend a police station to make a formal statement to “just clear things up”. Especially if you are innocent.

    Get a lawyer. Make sure it’s a good lawyer and accept advice from people who should know who these are. Some lawyers are incompetent, weak and/or gutless more concerned about their own relationship with the police than with you. A bad lawyer will make a bad situation worse. At your expense.

    You will need witnesses. Which raises the obvious question where the bloody hell were your mates while all of this was going on? You know? The ones you were waiting for?
    DO NOT ANSWER THIS QUESTION HERE. Do not provide any more details here. Save it.

  58. Ronin Says:

    hi sam,
    do you have the names and numbers of the arresting officers?

    if so file a complaint regarding the obvious physical assault and racial abuse you suffered during this ordeal.

    the police dept loves paperwork –

  59. Yobbo's Mum Says:

    my baa baa black sheep, go back to uni and become a lawyer, get a real job . Do not forget your political asperations, or the fact that a criminal record will stop you going overseas.


  60. Sam –

    Unlike BigJW (I guess I’m SmallJW) and yer mum, I don’t have any sound advice.

    However, in solidarity with your plight, I pledge never to go to the Elephant and Wheelbarrow. Ever.

    Not that I would have gone anyway – it’s arguably the shittest pub in Perth.

  61. yobbo Says:

    I think it’s the best pub in Perth but I won’t be going there any more either. Along with any other pubs. I’ve pretty much had it with the scene over here after this episode.

  62. hc Says:

    Can only offer my sympathies Yobbo but you have them. And good luck.


  63. […] In other equally irritating news, my former compatriot is in strife with the wallopers.  Any Legal Eagles who still have the slightest ounce of self respect, please contact Sam and offer to help.   O realise also that this is a very big ask, but there is bound to be one or two of you left.  Isn’t there?? […]

  64. Miko Says:

    Yobbo, stick to the lap dancing club up the street in future, say hello to Magenta if you’re there tell her I’m sorry I know I promised I could sort out her Aussie permanent residency visa but hey what can I tell ya, I lied.

    Anyway, your case seems very similar to my own, I too was told to move on (in Edinburgh) by a particularly irritating plod and I too refused to do so on principle, he and his mate whisked me to the car where they began to question me. I got very pompous and demanded to know under what statute I was being held, “Breach of the Peace”. It’s a nice catchall and of course I was outraged I hadn’t breached the peace, well there were two peelers sitting in the car with me who would explain to the magistrate that I had bleedin’ well breached the peace and guess who would get believed?

    As it turned out they couldn’t be bothered filling out the forms so they sent me on my way. However I immediately asked my solicitor friend and he told me the cops were right. I could have ended up in court and the two fine upholders of the law would tell the beak how much of an obstreperous drunk I had been the previous Friday night and how I had caused a breach of the peace and no amount of parsing and analysing times, statements, amounts of alcohol consumed or principles of liberty is going to convince a magistrate otherwise and the more I or my solicitor wittered on about it and wasted the court’s time so proportionately would my punishment have gotten heavier.

    My advice is suck it up, it’s not worth the hassle if you don’t. If you just accept the charge, apologise to the court, promise it won’t happen again and offer to make a contribution to the court poor box (do they have that in Oz?) it’ll be over in ten minutes and you’ll leave the court without a record. Otherwise prepare to face a much more serious alternative.

    The choice is yours.

  65. rampisad Says:

    Yobbo – sorry but this is not going to help.

    It’s to tell you that the WA police have changed nothing in the last 25 years. I moved to Perth in 1983. On my first weekend, driving a (cheap) renatl car, I got pulled over for not wearing a seatbelt. I tried to tell the “friendly” officer that it was because it was a rental, and made a joke about my size. Joke didn’t work, I got thoroughly done over and got my first (and only) conviction for any sort of offense in Australia.

    you can’t win – the judge will automatically believe anything they say contradicting your story. They’ve heard it all before, and it’s the nature of the system. Without witnesses, you’re stuffed.

    Do what all the other say – go for a “sorry, your majesty, forgive me, mea culpa, mea culpa, mea maxima culpa” defense.

  66. corinoco Says:

    Write to Little Johnnie! I am quite sure that he will help you out, as he has been SO happy to help injustice in places like Iraq and Fiji. Maybe he could send some troops over to The West to help restore Freedom, Justice and Democracy!

    You do have oil and / or sugarcane there don’t you?

    If it’s any help, I got thrown (quite hard) out of the Coogee Bay Hotel for drawing on a table. My sketchbook was between the table and my pencil, but apparently such intricacies of elitist culture escaped the Missing Link From Aoteoroa and out I went. Much cursing the cops are called, and in a major stroke of luck one of them was a guy I went to school with. I guess I could get hauled in front of ICAC (No one expects the Spanish Inquisition! Or ICAC!) for Perverting the Curse of Justice.

    I think Billy Bragg best sums up your situation though: “This isn’t a court of justice, son, this is a court of law.”

  67. gaz Says:

    “Oh, and never, ever tell a cop he doesn’t know his job. I know they are not all angels but we couldn’t survive without them. Give them the respect they are owed”.

    Oh, we’d survive just fine without them. Cops are the biggest lot of bitch arse motherfuckers on the planet, followed closely by bouncers. This story just confirms it.

  68. pat Says:

    I reckon you oughta fight it.

    This appears to be the relevant act and section you have been charged under ( as Alan pointed out above).

    Did the officers reasonably suspect any of the items mentioned? (c) looks like the only item that may be applied. Your solicitor will no doubt request the police provide you with the facts asap.

    Don’t explain anything further on this post – in fact you should delete it. The bouncers will have to verbal you to create the necessary ‘breach of the peace’ and so you should get the police facts now. Put pressure on them.

    Get a good criminal lawyer who likes a drink. What has happened to you is an outrage and a good lawyer will sue the pub and the coppers. Defend the charges and sue.

    Good luck.

    By the way, if I happened to be driving by I would have given you a lift home.

  69. Nicholas Says:

    IANAL, but I agree with others on this one. One charge depends on the other, and from what you have said, you did not commit any crime (esp. if they never actually asked you to leave, just chucked you out, without resistance) and I can’t see any reason they could reasonably think you were likely to commit a crime. So if you can get the judge to believe you did nothing wrong, were not going to, and presented no reason as to make others think you were going to, then the one charge won’t stick and the other relies on it.

    Better if you get a lawyer to argue this, of course. After he/she tells you whether they think it will work. It bloody well should, and I think the whole episode is disgusting. If you’re going to file a complaint, it might be best to do so after your trial, you don’t want to motivate the police to be even nastier than they already are.

  70. extrapolater Says:

    You Aussies sure do know how to party.

  71. WhoCares Says:

    I’d wish you luck mate but it would be pointless. You are gone and if you fight the bastards it will be even worse. Sometimes WA cops seem to a lot of time on there hands. I was interviewed for 45 minutes by two officers about 3 months ago for ‘stealing’ a 7 year old bubble jet printer you could buy at an auction for about $5.

  72. adrian Says:

    Yobbo, sure it sucks but may I suggest shelving your understandable desire for principle and justice. The law’s not based on justice but rather proving beyond a reasonable doubt. If that can’t be absolutely guaranteed, then suit up, kiss ass and think of Asia. Preserve your resources for those issues in life truly worth dying-in-a-ditch over. Best wishes.

  73. Steven Says:

    All I can say is: get those bastards for everything you can. Good luck.

  74. Steven Says:

    “I was interviewed for 45 minutes by two officers about 3 months ago for ‘stealing’ a 7 year old bubble jet printer you could buy at an auction for about $5.”

    WTF. The system does not work.

  75. Hammy Says:

    If you are asked to state your full name in court and your reply is “Yobbo” you will be in some serious shit my frient.

  76. Cy Says:

    I am sorry, but the details of your story are irrelevant. Tall or short: irrelevant. Legally correct: irrelevant. -Something about your manner drew attention to you, and was objectionable. Your response to the security people, rather than being on the basis of “a soft answer turneth away wrath” (what about an apology, due or not -ever done one of those, to your Mum for example?), was deliberately provocative. How sad that you cannot see it! Perhaps you will see it later, when you grow up.

    But then, I am lucky. When I am drunk I am hyper-nice. (My sober persona is, of course, simply banal.) I had only a year at bar-tending (1966) and could never afford a drink. Twice only, I was bought one. Nicest guy I served was Long John Baldry. The gay male prostitues were delightfully polite also, the ladies understandably more guarded.

    I speak of the Palace Long Bar Union Street, Plymouth (UK) when it was its old self with live old-fashioned trio (piano, drums, trumpet) playing jazzed Pop from yonks to the latest. Locals (Janners) plus All four armed services were regularly in the place including NATO navies.

    Whenever I can afford it, I always buy the bar tender a drink. Smile, darn yer, smile.

    cyquick.wordpress.com

  77. Dave Says:

    Hmm… I’ve had a rather similar experience myself, though fortunately it didn’t go pear shaped.

    A friend of mine was, admittedly, rather hammered. He wasn’t objectionable, just slurring and a tad uncertain on his feet.

    He also couldn’t possibly have been construed as a threat… I’d be surprised if the tiny little fella weighed more than 55kg.

    Anyhow, he was ejected from the pub, and staggered his way over to the cab rank. I was still inside with some other mates, when I got rather hazy phone call mumbling something about being kicked out.

    I went outside to find that he was waiting near the entrance, hoping to stay in contact. He didn’t have cash for a cab, and needed one of us out there to go with him.

    I arrived outside, met him, and went over to the cab rank. At this point, a bouncer approached and told us to leave.

    It was up to me to say that that was what we were trying to do. Fighting the temptation to say “what the hell do you think cabs are for” I instead opted for a “come on mate, we’re just after a cab. We’ll be out of your hair soon.”

    Apparently this needed backup, despite the fact that I’m a pretty non-threatening looking guy as well. More bouncers arrived, and continued to ask us to leave the area.

    It took a great deal of sucking up and placatory gestures, but I managed to hold out long enough to dive into a cab.

    So what was my friends crime to warrant this attention? He’d slipped off his stool. Fair enough he was drunk, but he wasn’t aggressive, and asking him to leave the premises and denying access to a cab seems a tad rough to me…. I can only wonder what would have happened if I’d unleased the verbal abuse I barely managed to rein in.

  78. bluewren Says:

    Well Yobbo
    Who wants to stay where they are not welcome anyway?
    It was not the fault of the police,they had been informed by the bouncer or hotel owner, that you were a troublemaker. That hotel must have a reputation for attracting Yobbo’s?They sent a lot of police .Yes?.
    In which case having been ejected in no uncertain terms you would have done better to move on as the police suggested?( as you will undoubtedly find out)
    Obviously your appearance as you stated the bouncer found intimidating as well as your manner. Perhaps you should address that issue learn to smile pleasantly and not enjoy so much looking like a threat-a- challenge to poor little bouncers whom you obviously make very very nervous? Yes I am sympathetic to you Yobbo..but. you must have had a bit to drink ( truth now)to have handled this whole thing this badly.Yes:)!


  79. Sam –

    I’ve pretty much had it with the scene over here

    We may have wildly different ideas as to what constitutes a good drinking den, but we both see eye to eye on that point. Asia, here I come – and not a minute too soon, either.

    On another matter; if you did decide to fight the charge and this blog article was germane to the prosecution’s case, I wonder if they would be savvy enough to figure out how to access it through Google cache? How much can you expect of a government employee?

  80. AD Says:

    I have to go into Northbridge tonight, guess where I am not going – the Elephant and Wheelbarrow


  81. […] While I’m sure that, as Baissus suggests, there are occasional offenders accused of minor crimes in common law countries like Australia who plead guilty when they’re really not merely because of the expense of contesting the charges, people accused of serious crimes in Australia are entitled as of right to free legal representation when they can’t afford it themselves, under the High Court’s Dietrich principle.  It seems dreadfully wasteful and economically inefficient to force all matters to trial even where the alleged offender wants to plead guilty.  Nevertheless, I can’t see any reason in principle why Australia could not adopt a quasi-continental system of criminal trial by a specially trained judge assisted by some lay jurors, but preserve the availability of a guilty plea along with modest sentencing incentives to encourage such pleas.  […]


  82. “Obviously your appearance as you stated the bouncer found intimidating as well as your manner.”

    Being asked a question is intimidating? Yobbo was asking security to be upfront.

    Does this warrant an ejection, then an unjustified move along order, then a retroactive and incorrect fine for failing to leave a pub when asked?

  83. Daniel Lewis Says:

    On another matter; if you did decide to fight the charge and this blog article was germane to the prosecution’s case, I wonder if they would be savvy enough to figure out how to access it through Google cache?

    I’m sure the Crown Prosecution have a team of their best men working on the case in shifts…

  84. Ronin Says:

    Would it be fair to say this law was enacted to rid Northbridge of troublesome indigenous teenagers in gangs?

    Unfortunately it can now be used on any who the police do not like.

  85. tom Says:

    I’ve looked at the WA law on this quickly – without a valid police suspicion that you intended to commit a crime whilst on the footpath, the charge is without merit – as long as you weren’t aggressive, or drunk, or swore, things that police will bring up in court, you will be fine. Were you breath tested at all?

  86. yobbo Says:

    Your response to the security people, rather than being on the basis of “a soft answer turneth away wrath” (what about an apology, due or not -ever done one of those, to your Mum for example?), was deliberately provocative.

    Cy, you misunderstand the situation. The bouncer said he wanted to “talk to me”, but he was lying. He wanted to throw me out but wasn’t brave enough to say that. Instead he took on a conspiratorial tone that sounded like he wanted to tell me a secret in order to get me to move closer to the exit so he could eject me.

    I’ve had bouncers use this trick on me before, so this time I knew exactly what he was on about.

    Whenever I can afford it, I always buy the bar tender a drink. Smile, darn yer, smile.

    You obviously aren’t familiar with Australian-style drinking dens. There is no buying the bartender a drink here. The place is like McBeers, there are 500+ patrons and around 15-20 bartenders, even if the bartender wanted a drink he would not be allowed to accept it.

  87. Ken Says:

    My brother wanted to wait and finish his drink while the crowd at the door cleared during closing time. Got a concussion for that. I really hope you come out of this ok. I dont really trust Australian law to protect you though.

  88. bluewren Says:

    “I’ve had bouncers use this trick on me before, so this time I knew exactly what he was on about.”
    MMMnnnnnnn?

  89. AT Says:

    Good luck for tomorrow.
    You’ve been bloody stiffed so far, so you’re due for some good luck.

    I’ll keep it on topic here.

    AT

  90. Khoji Says:

    Typical police wasting my tax dollars again, good luck in court.
    One suggestion could be drop going to pubs perhaps.
    Alcohol is a potent and dangerous drug of choise for the unconcious masses.
    To save your valuable time in the future from this stress drop also your misguided principals of justice in johnnies blind regime of deflection and deception.

  91. Orpheus Says:

    Wouldn’t it be Carpenter’s regime, seeing as federal law has nothing to do with this?

  92. Hugh Says:

    Two charges, two responses.

    1. Failing to move on. Guilty. But if given the chance to explain the circumstances, do so with a minimum of fuss and theatrical language. “Just waiting for my mates. Was under the impression was a public footpath. Realise should’ve abided by (don’t say ‘obeyed’ – keep some dignity!) police request.” Make sure you ask the magistrate for a spent conviction though (assuming you’ve got a decently clean record).

    2. Failing to leave licensed premised. Definitely contest, and take note of the police evidence against you. You should be able to get a copy of the charge sheet for the “failure to move on” charge, and if this states that police came across you on the footpath, then there’s no reason you can’t use this information to fight the fine.

    Good luck.

  93. yobbo Says:

    Thanks Hugh. I realise I could fight the 2nd charge easily, but it is only a $100 infringement notice and it would cost me more in lawyers fees than that to do so, so what’s the point?

  94. Titch Says:

    Yobbo,
    Funnily enough, I work at the E&W and heard this story — from a bouncer, out the back, during my break on Friday night — before I read your account here.

    I’ve always hated bouncers, but most of them at the E&W are actually fairly reasonable, with one or two notable exceptions. As you say, the problem with bad bouncers is that they’re fucking morons, and we do have a few with a mental age of somewhere around 12. It was proabably one of these knob-ends who decided you had to go.

    As you seem to be implying here, the real problem is not bouncers (hired goons) but WA’s archaic liquor licensing laws and Talibanesque attitude towards young people having a good time. I can tell you for a fact that the E&W gets HELL from the cops — they pop in on a Fri or Sat night at least once a fortnight. A few weeks ago, in the middle of a big Saturday night, the cops demanded that we stop the music and turn the lights on. They then cleared the dance floor to search for broken glass. Unbelievable.

    The people who own the Elephant do tidy up because of their near-monopoly, but the bar itself and its patrons are also victims of the same atavistic culture that produced move on notices. When the cops encounter a random drunk in Northbridge, their first question, before they’ll even ask for the sucker’s name, is ‘Where did you have last drink?’ It’s this approach to policework (police as enforcers of draconian liquor licensing) that produces paranoia in bar owners over serving drunks. Managers put the pressure on staff and bouncers, and bouncers will eject yobbos at the slightest notice.

    And you’re right, we can’t drink on the job. Shit, they’d have to eject us.

  95. yobbo Says:

    Titch: This happened on Saturday night (4th November), maybe it was a different incident or you are getting your days confused.

    You are right that the main culprit is the liquor licensing laws. I’ve written about WA’s liquor licensing laws many, many times here before, but unfortunately I haven’t replaced all my archives since I changed hosts so those posts aren’t accessible at the moment.

    The problem isn’t only that the laws themselves are unfairly draconian on those WITH liquor licenses, but because they prevent anyone new from getting one, killing competition in Perth, leading to every pub being the same huge drinking hall playing the same music and attracting the same crowd.

  96. Paul Johnson Says:

    Revenge is the best solution – your options are endless.

  97. Mission Man Says:

    What is it our New Age marketing chums tell us? “Everything is perspective”. Unfortunately, your perspective as a drunk bloke out on the squirt doesn’t match up with the perspective of some sober professional dealers-with-drunks. Unfortunately for you, in this circumstance they hold the whip hand.

    You say you have experience of bouncers’ tricks and plays. Well, those same bouncers have experience of dickheaded drunks. Both sets of experience lead you to quite different places. Your refusal to get sucked in by his evil bouncer ploy could quite easily be misconstrued as the obnoxious antics of a dickheaded drunk.

    The more noise you make about this, the more like a person capable of being a dickheaded drunk you will seem.

    Plead guilty. Apologise and say it was a misunderstanding. Take a nice suit. Unslant your eyes. Ask for a spent conviction.

    If you think it’s a stupid law, talk to your elected cocksmoker about it. The blokes on shit wages out on the street who have to police these laws are not the ones to go crook at.

  98. Allon Says:

    I am a lawyer but I don’t do criminal law.I know a barrister who has an interest in move on orders. He thinks they are vile repugnant things and he know the law regarding them inside out. Has recently argued such cases .Will not be pro-bono but will give you the best chance of getting off the charges.

  99. Titch Says:

    Getting my nights confused — it was definetly the same incident.

    Sat night was a shit show, way understaffed and overpatroned. When your little piece of civil disobedience attracted a platoon of cops, my manager pulled me off the bar to go pick up glass out the front — he didn’t want the cops turning their attention on to us.

    I’m just devastated I didn’t realise it was the famous Yobbo getting arrested right in front of me…

  100. bluewren Says:

    Another Bloody Libertarian……..! I stick by what I say
    “I’ve had bouncers use this trick on me before, so this time I knew exactly what he was on about.”
    This does indicate to me A.B.L. that Yobbo has had previous experience ,of getting on the wrong side of bouncers.That he hasn’t learn’t his lesson yet on how to handle these situations does suggest that he is naive to say the least.
    Many of you seem to have the same mindset that frequent these places;do you all play some kind of macho game “lets see who can rile the bouncer and have some fun?”
    Who do you think you are kidding!
    Whoever it was suggested getting a lawyer…..you will have the poor fella up for legal costs and he’s already stuffed. Any magistrate will see right through him.
    In my view the police were only doing their duty.;).*smile* be nice learn to think fairly boys.


  101. “This does indicate to me A.B.L. that Yobbo has had previous experience ,of getting on the wrong side of bouncers.”

    Sorry but being on the “wrong side” of anyone doesn’t mean jackshit. Yobbo didn’t do anything wrong until he refused to move on.


  102. If that is what you call “police doing their duty”, then they are scum for accepting such a duty as their job. I grew up being taught a healthy respect for police, but I’ve never had any situation that re-enforces that initial belief. They are a danger and we would be safer if we had fewer of them.

  103. bluewren Says:

    “Sorry but being on the “wrong side” of anyone doesn’t mean jackshit. Yobbo didn’t do anything wrong until he refused to move on.”
    Well sorry A.B.L. but being on the wrong side of someone in this case obviously it did mean jackshit.!


  104. Yobbo didn’t do anything wrong in confronting a bouncer for not being upfront.

    Alas, his stubbornness was costly, although the magistrate would agree it was a farce, hence a spent conviction.

  105. bluewren Says:

    Do keep us posted as to exactly what the outcome of this little fiasco is? I do hope he gets off free and clear , but hope he has learned a valuable lesson. Legal rights are there alright but never underestimate the human element, especially when it thinks it is right and it has the upper hand. don’t go cruisin’ for a bruisin’. Unless ofcourse you have deep pockets and a thick skin.
    You want to change laws lobby the political representative in your area. It is your right.

  106. Boris Says:

    Titch, it is always nice to hear a comment from “the other side”. But something doesn’t match here. You seem to imply that pubs themselves suffer from undue police interference. However according to Yobbo it was the bouncer that called the police in the first place. Why then the owners/managers don’t tell bouncers not to call the police unless there is a really compelling reason to do so?

  107. coma boy Says:

    fucking love that YouTube apology (http://www.youtube.com/watch?v=xOvHueH5mtI)

    is that actually you? whatever happens don’t apologise to pub/bouncer/police though…

    time to make molotovs!

  108. bluewren Says:

    Oh!No! Yobbo you cannot possibly be that fresh faced young boy with the beautiful big dark eyes and appealing little grin? As well as the with it’s charming savvy persona.No way!On You.tube.com.? Tell me I am wrong.

  109. bluewren Says:

    Ok. about that I was wrong that is you in the picture you have posted but about everything else I was spot on. I feel vindicated. I would like to say I feel sorry for you but I don’t . All I had to go on was my instincts and I was spot on ….only more so.by your own admission drunkedness, pornography (that site I was referring to) aggressive abusive behaviour towards others . I only had to see you in that video to know exactly who you are . Just for the record Yobbo I do not believe for a moment that you are sorry for anything ; just yourself, so you could have saved your breath.We are all going to die one day that’s no big deal.
    Poor poor Yobbo! You could have had it all. You certainly sucked in a few here, didn’t you.But deep down you always knew the truth. what a wierd idea blogging.is when you think about it ..and as for the rest of you getting behind Yobbo try contributing something positive to the world instead of knocking those who are trying to do their jobs,we are all just human and you have no right to feel good at their expense they are doing a job to the best of their ability ;stop focusing on what is wrong and focus on what is right and build on that. Bye and do try to have a happier and better life.I know I will.

  110. bluewren Says:

    P.S. I have to add after I looked at that other fellow on the You Tube.com I knew it could not be you! As soon as I saw you in the other video it all clicked into place. May God have mercy on your soul Yobbo.

  111. yobbo Says:

    You need help dude.

  112. Gary Says:

    I was recently charged with the move on notice. In my situation, Police Officer A states something along the lines of, “We are giving you a move on notice which means you’ll have to leave the area.” Immediately after Police Officer B continued… “What is your name, where do you live, etc, etc so I waiting for them to stop speaking before I asked them what a move on notice is and what are the details. They basically asked all their questions and promptly handed the notice to me and at this same point, the serving officer began to very quickly rattle off what the notice meant but he spoke too fast for me (something about Roe St, Beaufort st, and something else). It is 1:30am and the light is not at all good for reading the notice so I attempted to ask them to clirify what they’d said and what a move on notice was? They however, we already beginning to escort me by the arm and so as soon as they heard me speak, they must have assumed that I was arguing or disputing or refusing or whatever because they didn’t listen at all and just interrupted saying “right, we are arresting you with refusing to move on.

    When they first mentioned move on the order they did not specify what it was about to direct me to do. I initially assumed they were just going to ask me to move out of the immediate area – which would be fine with me? Unfortunately as a result of unskillful communication, the officers misunderstood that I was in fact trying to better understand them, I just wanted to be clear beacuse I didn’t take in the streets thing immediately, (i am rarely in Northbridge) and I couldn’t see the notice properly. They wrote it by their own torch-light, they assumed I was arguing and made an arrest. No five minutes and we’ll come back, no “do you understand what is being asked of you?” just a whirl-wind mis-communication and misunderstanding. I would love the assistance of Allon the Lawyer’s Barrister friend with the Move On Order interest. I do not want a record whatsoever.

  113. yobbo Says:

    Gary I am not a lawyer but it sounds to me like you have a good case to get off. When you go for your court appearance, ask to see the duty lawyer (only cost $20) and tell him what you wrote here.

    He will tell you one way or the other whether you will succeed in getting it dropped.

    You wouldn’t want the duty lawyer to represent you in a murder trial but in something trivial like this he can put your case forward (the most that will happen even if you are unsuccessful is your fine will be slightly higher anyway).

  114. mike Says:

    First of all gary you are an idiot. When you are asked to leave by a bouncer and you do not you are now considered trespassing. It is a private establishment and they do not need a legitimate reason to ask you to leave. The bouncer acts as an agent on behalf of the establishment, which means he as the authority to ask anyone to leave. You were in my eyes trying to create a problem by hanging around. Last of all, you are and idiot again gary.

  115. Mark Hill Says:

    “I was recently charged with the move on notice. In my situation, Police Officer A states something along the lines of, “We are giving you a move on notice which means you’ll have to leave the area.””

    What bouncers, Mike?

  116. Chris Says:

    In regards to why you were kicked out, that issue is a little in the gray area, but I imagine that the bouncers had their reasons. Being a bouncer myself I tend to side with the sober employees rather than the inebriated customers who always feel wronged when escorted out of an establishment.

    In terms of your getting arrested, thats the fault of no one but your own dumb ass. They clearly stated that you needed to move otherwise you would get arrested. They were back and you went to jail.

    Overall it sounds like you have a problem with authority and being told what to do.

  117. c8to Says:

    oi…are you in perth…

    i’m stuck here and the YHA is full…

    lets go to a strip club…

  118. Nick Says:

    So what was the end result yobbo. I was given one of these move on orders on friday night. And when i couldn’t find a taxi, i decided to grab a peace of pizza and a bottle of water. I was half way through my slice of pizza and”wham” next thing i know i was being arrested. I am very annoyed as not only were they complete #### about it all, they decided to give me a bit of a joy ride in the back of the van. i was then strip searched as well. For what i have no idea. Anyway, i’m trying to find out what i am potentially up against. Are you saying 1 year / $12,000 fine?

  119. Yobbo Says:

    Unlikely. I ended up with a $400 fine and a spent conviction. 4 other people before me got the same thing. Cost me $20 for the duty lawyer to represent me.

    If you explain you couldn’t find a taxi to your lawyer he might be able to get you off.

  120. Sampson Says:

    Yobbo

    All I can say is that it looks like you got what you deserved. I hope that you paid your Liquor Infringement as ‘remaining in the vicinity of a licensed premise after being removed is the same offence’ and you will not get off this charge.
    Next time you are asked to leave a pub by a bouncer (and yes they are pricks) do so and move along to another pub. Being the 21st century I’m sure you can contact your mates vie text message and advise them of the next destination for your night of debauchery to continue.

    Nick

    I’m so sorry those ‘bastard’ coppers didn’t let you finish your pizza. How inconsiderate of them. Perhaps next time this happens MOVE ALONG!!!! Oh, and another thing, you were propbably strip searched because, A) You have a previous drugs record or B) you were taken to the Perth Watch House where they do this to everyone that comes through for their safety and other prisoners.

    And no, I am not a police officer, I am just sick of all the whining that goes on about them as when you get burgled at home or robbed in the centre of Northbridge, guess who will be there to help you out. Without them we’re screwed.

  121. Luke Says:

    No offence man but this story seems really exaggerated. Why the hell are both the bouncers and the policeman giving you a hard time. There is no way that this can be a coincidence. You were obviously causing a nuisance and they acted accordingly. Hope you got your just deserved in court for acting like a total douche in public and then falsely creating a story in revenge. Get over it loser


  122. […] the place. (Even the cops are scary there. If you want a taste of a night out in Northbridge, read this yobbo’s blog. My favourite response to his blog entry is this […]

  123. Mark Hill Says:

    Huh?

    We’ve got a choice between accepting onerous police powers such as move along orders and ASBOs (a UK invention), or rejecting these powers were we will have anarchy and no police to protect us from burglars and murderers?

    Now that truly sounds made up.

  124. Princess Josie Says:

    Luke I don’t want to be pedantic – who am I kidding – I LOVE to be pedantic about cliches, particularly when someone doesn’t even get the cliche right! It’s just desserts, not just deserved. You can imagine how irritated I get watching footballers being interviewed…………….

  125. Hughie Says:

    Yobs, where are you and where are some new posts?


  126. […] you a notice requiring you to leave a suburb, […]

  127. Mike D Says:

    Yobbo. Its not your pub, they decide whos in or out. If you think they can’t make you leave the footpath in front of licensed premises then read the Liquor Control Act (WA) – you might learn something. And lastly, if you attracted Police attention you were obviously being a pissed idiot so you get what you deserve.

  128. Yobbo Says:

    I didn’t attract police attention, the bouncer called the police.

  129. Yobbo Says:

    BTW are you aware this post is 3 years old?


  130. […] West Australian blogger Yobbo was arrested over the weekend. Perhaps the situation could have been defused with a lollipop.In unrelated news, […]


  131. […] other equally irritating news, my former compatriot is in strife with the wallopers.  Any Legal Eagles who still have the slightest ounce of self respect, please contact Sam and […]


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