NSW Assaulted on the way to pick up my child.

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mr_smith

Active Member
7 October 2020
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Hi Everyone,

Hoping I can get some advice on an incident that occurred a few days ago, Please?

As I was walking to my child's daycare, I was approached by a person, that started saying to me" why are you laughing at me?", I told this person that I was not laughing at all, just happy.
He proceeded to approach me quite quickly, not giving me much time to run off and then he proceeded to kick my child's stroller, breaking it and then tried kicking me a few times, however missing me.
He then walked away, like nothing happened.
I was stunned at first, and this happened so fast, I did not have time to take out my phone and record the incidence.
I did take my phone out and walk after him recording him, as to have some sort of description/evidence for the police.
This person, then went into a property, via a side entrance, at this time I was also dialing 000 and waiting for the operator to answer. I choice to follow this person onto the property as to see where he was going and give the police operator on the line a better detail of the event and inform them to were the attacker was and was heading if Police came out straight away. I also wanted to warn anyone that may be in the backyard, perhaps kids playing to go inside.
At this point I actually lost sight of the person, still being frazzled, however an elderly lady and another gentlemen where standing by the back door. I can only assume they where related to my attacker, as they had the same skin complexion and background (African/Sudanese appearance). I did tell them that their son attacked me and I was on the phone with police. Finally at this point the police operator answered and I proceeded to tell them what has happened and walked off the property to collect my child's broken stroller.
While I was still on the phone with the police, my attacker ran out of the property and ran up the street. he did not look at me twice, Like nothing happened.

I was told that a police unit will come out to take my statement.

Finally after an hour sitting at home, the police came to take my statement and I was giving an indecent report number.
They advised me not to make any formal charges as the courts are so tied up at the moment and that when it does go to court, this would get thrown out as it is my word against his.
I was also told by the police, that this person is well know to them and has a few warrants and just released from prison.

So my questions are; Is this really the case, as a victim of assault will I lose this case if it goes to court? Do I just let this person get away with this and perhaps attack someone else or even me again in the future?
Should I inform my child's daycare of this incident and let them know that a few doors down there is a person known to police living there?
Can I be charged for following this person onto someones property, later finding out from police, that is were my attacker lives?

Now knowing this person only lives a few streets away and lives on the same street as my child's daycare, what do I do, what are my rights?
I am now scared that I may get attacked again, even worse have my child and wife with me. it is not the first time I have seen this person walking around the area.
What if this person finds out where I live and hurts me and my family at home.
I am really scared and don't know what my options are. Should I just let this go?

Any help, guidance, advice even words of comfort would greatly help me out and be much appreciated.

Thank you.
 

Atticus

Well-Known Member
6 February 2019
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They advised me not to make any formal charges as the courts are so tied up at the moment and that when it does go to court, this would get thrown out as it is my word against his.
Probably more like don't make a formal complaint. Only the police can lay charges ... Personally I would take the complaint & your fears to someone higher up at that station.
 
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Mike Love

Well-Known Member
25 June 2014
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Often Police don't want the extra work - so you really have to make the effort to report the incident.
 
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mr_smith

Active Member
7 October 2020
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Thank you for your replies. Do you see any issue that I told the daycare of the incednet, so they are aware there is someone known to police living a few doors down?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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1. Apply for an Apprehended Personal Violence Order (APVO). Either ask the police or do it yourself.

2. Make a formal statement to the police about the incident, stress the possibility of harm to your child.
 

mr_smith

Active Member
7 October 2020
9
0
36
1. Apply for an Apprehended Personal Violence Order (APVO). Either ask the police or do it yourself.

2. Make a formal statement to the police about the incident, stress the possibility of harm to your child.
Thank you Rod,
I really appreciate your advice and will look into an APVO. I have been chasing the officer that took down my statement for a week now and have had no response from him. I will take a wonder to the station today to make a formal statement.
Thank you. Have a great day.