Choice point 5
At the Servo
Service Station • 11:15pm
How does a stupid argument about cigarettes turn into a string of crimes at the service station?
The Manager's View
“These boys think they’re invincible. I’m trying to run a legitimate business so that I can look after my family. And they pull that stunt. Little mongrels.”
The boys go into the servo to buy cigarettes, but end up committing a large number of crimes. None of it is planned and this scene shows how a stupid argument about cigarettes can turn into a far more serious situation.
Here are all of the things that Dan and boys could have been charged with:
Attempted Robbery in Company (maximum penalty = 20 years imprisonment) -Dan actually uses physical force to try and get the cigarettes out of the attendant’s hands. This is an attempted robbery, which is far more serious crime than stealing or shoplifting because he is using physical force in an attempt to get property from another person. (read more)
Affray (maximum penalty = 10 years imprisonment)- Dan, Kass and Nella could all be charged with Affray. Many young people end up charged with this when they get into arguments or fights in public places. The crime of Affray is committed when a person or a group act in a way that is threatening and likely to cause fear to anybody who is around. It may only be the actions of one person that are threatening (like Dan), but the others can still be charged.
Common Assault (maximum penalty = 2 years imprisonment) - Right at the end, Dan pushes the store attendant when he is fighting with him. This is the crime of assault. You don’t have to cause an injury to be charged with assault. Any act of touching, pushing or hitting a person can constitute an assault. In fact, even just physically threatening to do any of these things, by raising your first, swinging at someone and missing, can still be an Assault. (read more)
Malicious Damage (maximum penalty = 5 years imprisonment) Dan commits the crime of malicious damage when he knocks the lollies off the counter. The packets break and the goods are damaged when they hit the ground. Nella also commits a Malicious Damage offence when he drops his drink on the ground and the container breaks.
Shoplifting / Larceny (maximum penalty = 5 years imprisonment) Nella and Kass are both shoplifting. They could both be charged for this, and Dan could be charged on the basis that he was acting as a lookout and distracting the owner while they were pocketing stuff.
Offensive Language (maximum penalty = fine) You can be charged for swearing in a public place.