3
JOLLEY
(Note – Language warning for this matter)
Prosecution allegations
At about 8.14pm on Friday 28th February 2012 Police were on uniform foot patrol on North Terrace, Adelaide. Police saw a person they now know as the defendant in this matter, Jimmy Jolley, walking north across North Terrace opposite the Railway Station against the pedestrian traffic lights which were showing red for pedestrians.
Traffic using North Terrace had to brake to avoid the defendant. Police approached the defendant and had a conversation with him. The defendant became very abusive and said “F... off back to England you white C....”.
The defendant was warned about his language but yelled out “Go on F... off c... Go back to England.” The defendant was then arrested for offensive language.
The defendant’s rights were given and he was then conveyed back to the Transit Division area and placed into a cage car. The defendant was mildly affected by alcohol. On arrival at the City Watch House the defendant was found to be asleep in the rear of the cage car. He could not be woken up.
He was not charged but taken to the casualty section of the Royal Adelaide Hospital to be checked by a doctor. The staff at the Royal Adelaide Hospital also could not wake the defendant. After consultation with the doctor, it was decided to admit the defendant.
The State Duty Officer was rang and informed that the defendant was going to be arrested and brought up on a Summons for the charge of Offensive Language.
Police left the Royal Adelaide Hospital at 10.00pm.
NB. The defendant woke up at 2.45 am on the 29th of February and was conveyed by the Aboriginal Sobriety Group.
At the time of the offence there were approximately 20 people of both sexes in the near vicinity of varying ages. Their attention was drawn to the defendant by his language.
EDUCATIONAL USE ONLY
SOUTH AUSTRALIA
/ COMPLAINTMagistrates Court of South Australia
www.courts.sa.gov.au
Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name:...THE UNDERSIGNED MEMBER OF THE POLICE FORCE
Address ADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: JOLLEY, Jimmy
Address 25 Short Street, Adelaide
Offence details
The Complaint of a Member of the Police Force of Adelaide this 10th day of March 2012 who states that Jimmy Jolley on the 28 February 2012 at Adelaide in the said State:
Used offensive language in a Public Place namely North Terrace.
Section 7(1)(c) of the Summary Offences Act, 1953.
This is a Summary Offence.
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
Date Complainant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)
Summary Offences Act 1953
Disorderly or offensive conduct or language
7. (1) A person who, in a public place or a police station-
(a) behaves in a disorderly or offensive manner; or
(b) fights with another person; or
(c) uses offensive language,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2) A person who disturbs the public peace is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(3) In this section-
" disorderly " includes riotous;
" offensive " includes threatening, abusive or insulting;
" public place " includes, in addition to the places mentioned in section 4-
(a) a ship or vessel (not being a naval ship or vessel) in a harbor, port, dock or river;
(b) premises or a part of premises in respect of which a licence or permit is in force under the Liquor Licensing Act 1985 .