QLD Criminal Law - Other Party Taunting Brother on Facebook

[Brendan Folwell]

Hi, my brother is on his first gbh charge and has recently found out legal aid will not take on his case. Does this mean there is a great chance he will be doing time?. The other party who is laying the charges still has contact via facebook tormenting him on how he is stuffed, is going to jail, and a few other things. I would like to know if there is anyway to use this teasing he is putting on facebook against him under Criminal Law.

They are both to blame for a fight they had. It seems unfair that my brother goes and this person gets away with everything and received an unlucky blow that broke his rib but hasn't at all learnt from the ordeal at all and in fact is trying his best to manipulate the case.

Any help or if anyone has seen or had a similar charge please help??

Thanks

 

[Lawyering mum]

Hi
The test for legal aid is not just based upon risk of jail. The main test is income and assets, which sounds like he may earn too much, or have assets which exceed the threshold for entitlement of legal aid. By the nature of the charge your brother has a real risk of jail, and there appears to be mitigating factors. It is important your brother keeps a copy of all correspondence on Facebook and retains a lawyer who can go over all the circumstances surrounding the incident and act on his behalf.
Good luck