Assault in Tavern Highlights Legal Complications.
A recent case heard in the Magistrates Court in Joondalup highlights the complications that can arise from assaults in taverns and pubs.
Our client, represented by Bradford Legal, was viciously assaulted whilst he was working in a security role at the Greenwood Tavern.
The assault was filmed by a CCTV camera and the accused admitted that he had committed the assault.
At trial, the accused claimed that a friend had put two Xanax tablets into his glass of scotch rendering him in such a state that he was unable to control his actions.
The accused also gave evidence that prior to attending the Greenwood, he had consumed an entire bottle of scotch.
At the time of writing the Magistrate had reserved his decision.
The case highlights a number of issues facing people who are assaulted in licensed premises.
In some cases, the managers of the premises can be liable on the basis that an offender should have been dealt with earlier by way of warnings and/or removal. A significant question arises as to how the accused in this case was allowed into the premises in light of the amount of alcohol he had consumed.
The Magistrate faces a difficult decision and we will update this matter as it proceeds.