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NSW Charges Against Neighbours - Do I Need Legal Aid?

Discussion in 'Criminal Law Forum' started by tanya, 16 October 2015.

  1. tanya

    tanya Active Member

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    Hi, just wanting to know what I should do.

    Been having ongoing trouble with our neighbours. 3 very long years. Backstory...

    I witnessed my neighbour (22) abusing his girlfriend (18-19). She was crying and cowering out on the front driveway of their home. I was getting quite angry watching this. My neighbour just wouldn't leave her alone. His mother, who was also present, was completely intoxicated, as was the abuser.

    He finally left his girlfriend crying in the gutter before he turned on his mother. He put his hands around her neck and held her over the front bonnet of their car (parked in the driveway). As he was holding her, I decided to walk outside and down to them. I asked him nicely to let her go and leave his mother alone. He spun around and told me to F... Off. I again asked him to leave his mother alone. He replied, "F...Off T or I'll punch you".

    I was trying to be nice about it but he kept swearing at me. I did finally tell him to F..ing leave his mother and girlfriend alone. He then pushed himself into me, I merely pushed him off me. I had several neighbor witnesses watching this. I did not once touch him except to push his body off me. I decided this wasn't getting anywhere so I turned to walk back home. At least I got him to turn his attention away from his mother and girlfriend. I later found out from a neighbor witness that he was going to hit me as I turned my back... he didn't though.

    The police attended and got my statement asking if i want to press assault charges for him pushing me. I said yes. I found from police then that his mother, sister (12) and girlfriend denied him choking her.

    So the next morning, after getting back from shopping, his mother calls me to the fence. She wants me to drop the charges on her son. He was apparently on a bond already. She goes on and on about not knowing about him choking her. I tell her that considering how much trouble they have caused since they moved in, I was going to teach him a lesson and continue with the charges. She stopped talking to me from then on.

    Now almost 2 months on, I have just been given a subpoena by NSW Police. I have to give evidence against him because he is apparently pleading not guilty.

    The only evidence I have is that several neighbors witnessed him pushing me. I have only ever been to local court once, to get an APVO upon his mother for previous troubles. I got duped there by my solicitor and we ended up having to go to mediation. I also have a diary with dates and times of everything they have done to us and others since moving in.

    Since that APVO attempt, they have continued their abuse. Her other son 17, is being charged for break and enter. He stole our chainsaw from inside. She actually brought it back to us. The police said that depending on his record he may or may not be charged. But the police rang us later in the week and asked if we still wanted him charged. Yes. So that is ongoing, we are waiting for a court date now.

    Should I have a witness neighbour come with me to court or get a written statement from them to bring? The case is NSW Police Vs Defendant. Do I need a solicitor / legal aid?
     
  2. JS79

    JS79 Well-Known Member

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    I would first get in touch with legal aid - but depending on your financial situation is whether they would approve it or not.
    If you can't get legal aid - go and see a criminal lawyer (see Get Connected with the Right Lawyer for You
    to be put in touch with a local criminal lawyer) and see what they have to say about the case and whether they think it is worth pursuing or not.

    You will need your witnesses - I am assuming the police will ask you for these details shortly.
     
  3. tanya

    tanya Active Member

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    It was not meant to go to court. The neighbor recently changed his statement and is now pleading not guilty. I have the police on my side because of the hell these people have put us through. The police have been trying to get him on something for years.

    Concerning my witnesses, my main witness has today became close friends with the enemy, out of the blue. She said she would write a statement to support me, but i don't think she would if she finds out she has to attend with me.

    I will contact Legal Aid and whoever else i can. Thank you for your reply, appreciated greatly.
     

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