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QLD Found Guilty when Defending Myself - Possible Bias and Inaccuracy?

Discussion in 'Criminal Law Forum' started by Reuben Bristed, 22 August 2014.

  1. Reuben Bristed

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    Firstly;
    Can police take a statement without telling you what it is for or what is going on?

    I though I was making a statement, reporting an event/a crime, when it turns out I was already wanted by the police, due to the perpetrators [so called "victims"] that assaulted me getting to the police first.

    Secondly;
    The police "got to them first" because I called the Police to make sure they weren't hanging around where I live or attempting to continue to assault me, because some of them lived within mere tens of meters from my home, knew where I lived and which bedroom was mine.
    I was told, in relation to reporting the assault I had just suffered, to "leave it for a bit" and to "come in tomorrow" because alcohol was involved.

    I was charged despite being, as far as I know, the only AND first person to have called the Police. Was I charged due to my reporting of the assault being delayed? If so, how does that make any sense at all?

    Thirdly;
    How can the near constant intimidation of myself [leading up to the court case, starting roughly from when the incident occurred, onward] by the people that assaulted me not come into play at all in relation to the proceedings?
    Is it because I was conveniently pressured into pleading guilty? Would that information actually have been able to have come to light if I had not let myself be intimidated into mistakenly pleading guilty instead of innocent?



    Additional information and my perspectives;
    I was verbally insulted and threatened, publicly, by these people.
    I was approached by them, two of them [brothers], once or twice for a conversation that featured them detailing threats against myself; of how much I would "enjoy prison" and also of the extreme competency of their legal representation and how that would undoubtedly lead me towards being imprisoned.
    They also walked past my home a number of times yelling out insults towards my bedroom window.
    These individuals also vandalized my property by breaking my bedroom windows, repeatedly, and then throwing eggs through the smashed facade.
    They also clearly had contempt for public property; breaking bottles, vandalism/"tagging" bus stops.

    I cannot believe how this case was handled.

    I do see how certain aspects of the incident, the ages and genders of the apparently aggrieved "look bad" - but, I do not think being so pressured by the courts, Police AND the people that assaulted me is the way to achieve a competent, fair or even logical outcome.
    Young people can obviously commit crimes, too!

    This is clearly, and has been, a very troubling incident for myself. The handling of it, possible police bias and presumption, unregistered intimidation by those that assaulted me - has left me believing that surely very few of those who practice law have any confidence in the system, let alone compassion, accuracy, fairness or competency.

    I have looked into at least repealing the sentence I received due to this convoluted carriage of law, to little outcome.
    I have been told things like "it has been too long for anything to be done", "good luck with that" and "Golly, do let me know if you somehow get anyone interested in such an appeal".

    Please attempt to overlook or even understand any of the quirks present in how I have written this, I am quite upset by much of it, having had so few people "on my side" when this all actually happened, and seemingly since.
    Police Officers, family members [even those that were apparently well read in law] or my defense didn't seem to be able to translate my being innocent and merely defending myself into a confident plea of innocence.

    Even to just have the idiotic charges that were, somehow, laid against me removed, would be so validating and emotionally moving to myself, I cannot begin to tell you.

    Any comments or advice is more than welcome,

    - Cheers!
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Reuban,

    No, you will not be penalised for reporting an assault late. There is no duty to report an assault or a time limit within which to report it.

    Firstly, has this matter already proceeded to court? Did you plead guilty in court? If so, did you do so agreeing with all the facts the police presented to court and fully understand and agree with the offences you have been charged with? If you disagree on some facts in support of the charges, you should not have pleaded guilty. Pleading guilty means you agree to the (i) charges against you, and (ii) facts leading to and supporting the charges. If you did not fully understand what you were pleading to and are now disputing it, you should contact Legal Aid or a lawyer as soon as possible and look into withdrawing the plea. If the matter has already proceeded to sentencing, you should look into appealing the conviction. Again, contact a lawyer.

    You can make a complaint about police conduct to the Crime and Corruption Commission. However, you should speak with a lawyer first. The fact that you did not bring up these allegations at trial and rather, pleaded guilty and essentially agreed with the police's case, will not be favourable to your complaint. It may undermine the credibility of what you are alleging. Therefore, speak with a lawyer, see if (i) you have indeed been mistreated by the police, (ii) what explanations you can put forth to the question of why you didn't bring it up sooner.
     
  3. Reuben Bristed

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    Thank you for your reply.
    I may look into this quite depressing matter again, with your advice in mind.

    Again, thanks.
     
  4. Tracy B

    Tracy B Well-Known Member

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    Hi Reuben,

    Hope this all gets sorted. Please keep us updated on how things progress.
     

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