QLD Assault Charges - What to Do?

Discussion in 'Criminal Law Forum' started by Brandon molloy, 29 January 2019.

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  1. Brandon molloy

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    My partner was attacked by a family at a graduation. One of them struck my partner to the head twice not long after the mother of the one who struck my partner grabbed her and pushed her while screaming abuse to her. For some reason, the police have camera footage of the one striking my partner but none of the mother assaulting her. Charges have been laid on the one who struck her but they said we can not press charges against the mother. What can we do?

    Also, the mother's partner's brother is high up in the police station and it seems this is being dragged out and not easy for us at all. It's taken 2 months for the assault charges to be laid. Every time we call the station, we ask to talk to the officer in-charge of the case but he is never available and never returns our calls.

    Just need some help.
     
  2. Scruff

    Scruff Well-Known Member

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    The Police have little involvement in a case once charges have been laid. From there, it's in the hands of the prosecuters. So it's best not to keep asking the Police questions because they probably can't answer them anyway.

    In regard to the mother, the Police probably believe that they don't have enough evidence to lay charges. The Police will only charge a person if they think that there is a good chance of a conviction, so if that's not the case, then charges won't be laid. My advice would be to leave that one alone.

    The main offender has been charged, so that's a good outcome. For now, you need to let the case take it's natural course. If they are contesting the charge, it will probably take a while for it to get to court - probably months.
     
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  3. Bill Murray

    Bill Murray Well-Known Member

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    People have this misguided idea that criminal justice is quick.

    It's not. It never is. 2 months is a reasonable time for a minor assault matter that is reported after the fact.

    The mothers partners brother being a cop means sweet f**k all. In fact if it is known it'd be treated more seriously due to the risk of people insinuating what you are insinuating.

    They likely can't charge the mother because there is no evidence. The investigating officer can be liable for costs if the person is found not guilty so they aren't going to charge someone unless they know they have a reasonable chance at succeeding.

    If you think you have enough evidence engage legal counsel and fund a prosecution yourself. The law allows for it so if you feel that strongly about it then do it yourself.

    The investigating officer probably doesn't want to talk to you because you are annoying. They have charged the person who they had enough evidence for and told you they are not proceeding with charges against the mother. End of story. They will update YOU when there is something you need updating on (like court dates). There is no reason for you to constantly be calling the station to speak with them. They are busy.
     
  4. Brandon molloy

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    I do not constantly call the station I have called 3 times in the last 4 months lol I am not insinuating I know for fact its been dragged on as long as it has as we had court today the judge could not understand why it took 2 months for charges to be pressed the last thing I want is to insinuate but if you were in my shoes you would understand.
     
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