Two men accused of hosting a suburban party with noisy, fighting and disorderly guests are at the centre of the first test of the State's controversial out-of-control gathering laws after a trial started in the Joondalup Magistrate's Court yesterday.
Opening the case against Jonathon James French and Travis Thomas Robinson, prosecutor William Chesnutt said Magistrate Robert Huston ought to take a "wide and expansive" definition of what was deemed to be an out of control gathering.
The trial, which defence lawyer John Prior said appeared to be the first time the laws had been tested, could set a precedent for the application of the legislation.
Through their counsel, the men admitted that they were the organisers of a gathering on December 22 at their Padbury residence, however they both pleaded not guilty to charges alleging the combined Christmas, birthday and housewarming party became out of control.
The legislation came into effect a week before the men had the party.
Over 40 witnesses are expected to be called throughout the trial, including seven people who live near the Gibson Avenue home.
Neighbour Johanna Julie Murphy said she decided to confront the party hosts early that evening after she heard burnouts and the "large screeching of tyres".
She said the smell of burning rubber from "fresh burnout marks" was clear as she walked towards the home's fence to try and ask for the hosts.
Mr French allegedly yelled obscenities towards the 39-year-old mother.
"He seemed scattered, no control over the way he was carrying on," Ms Murphy said.
"(He was) quite aggressive in his manner, a heightened way about him, jeering, smiling, a coupe of people had to take him away because of the way he was speaking to me," she said.
She said she saw 13 people at the party when she attempted to speak to Mr French.
At least 12 people have to be present at a gathering for it to be deemed an out-of-control gathering.
Fellow neighbour Neil Marshall Duchan said he saw about 20 people cheering and clapping as a "massive cloud of smoke" enveloped the road when one motorbike completed a donut on the road outside the home.
Mr Duchan said he felt the situation was "looking pretty dangerous" and he was concerned for families in the area.
He said he was "scared it was going to get out of hand".The trial continues.