Reference no: EM132092842

Is this a show cause offence? Why or why not?

Please refer to Crimes Act 1900 No 40 NSW and Bail Act 2013 No 26 NSW

Mr Harold Hampton is a 35 year old man and has been charged with an offence s35(4) of the Crimes Act 1900 (NSW). The offence occurred while Mr Hampton was staying at a camp ground on the Central Coast of New South Wales with his son Eric. At the time of the offence, Mr Hampton was on bail after being charged with offences under s192E of the Crimes Act 1900 (NSW) for making false claims to an insurance company. He has complied with all conditions.

Mr Hampton arrived at the camp ground around lunchtime when the camp ground was relatively empty. He chose a site near the amenities block which had a fire pit, and he and his son set up camp and spent some time gathering wood and establishing a fire in the fire pit. 

Late that afternoon, a group of four families arrived and parked their cars in several of the sites near Mr Hampton. The group of families had booked their campsites online, and one of the sites was the site where Mr Hampton had pitched his tent. Mr Steven Staples from one of the families showed Mr Hampton the booking on his mobile phone and asked Mr Hampton to leave, telling him that they had chosen those sites because they had young children and wanted to be close to the amenities blocks, and they also had booked one of the three available fire pits at the campground. Mr Hampton told them he would move the next day, because he had already spent a long time establishing the fire. Mr Staples said to him "If you don't move, I'll help you move" and started pulling the pegs of Mr Hampton's tent out of the ground. Mr Hampton said "Leave my property alone. I said I'd move tomorrow. I'm just enjoying the fire I spent all afternoon building up." Mr Staples kept taking the pegs out of the ground. Mr Hampton went over to him and pushed Mr Staples backwards, and Mr Staples tripped on an esky which was on the ground behind him and hit his head on the side of the fire pit which caused a deep gash on the back of his head. The gash required ten stitches.

In his statement to the police, Mr Hampton said he didn't think that pushing Mr Staples could hurt him in any way, and that he  just wanted Mr Staples to leave his tent alone and let him and his son enjoy the fire they built together.

Mr Hampton is a widower, and has one eleven year old son living with him. His son was recently cast as an extra on a television series which films on most weekends in various remote locations. Mr Hampton drives him to the set. Mr Hampton is dependent on the income from his son to pay for his son's school fees. Mr Hampton is an actor, but has found it difficult to get work which fits in with his caring responsibilities for his son.

Mr Hampton owns the unit where he and Eric live. It is worth $400,000. Mr Hampton's acting agent, Rupert Redford is willing to provide $10,000 security if needs be.

You are employed by Hammerstein and Rice Solicitors and have been instructed to make a release application for Mr Hampton