LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW How to Get Police to Withdraw Assault Charges?

Discussion in 'Criminal Law Forum' started by kata, 18 May 2016.

  1. kata

    kata Member

    Joined:
    18 May 2016
    Messages:
    2
    Likes Received:
    0
    I am seeking help on behalf of an elderly friend with limited English and two grown children. She was considering getting an AVO against her son, who is a long time addict and would not leave her home. The other offspring's spouse, a lovely white collar mental health worker, went to her house to convince the son to leave without the need for an AVO.

    Historically, the mental health worker has been the 'man' of the family and helped the addict out of many undesirable situations (over a 30-year period). When he went to the house, the addict, who has severe paranoia, was provoking him, and the sister's spouse punched him in the face in the heat of the moment. He's never ever been violent before, it was a very bad thing to do. The addict (with 30 odd years of heroin/ methadone abuse) bled terribly. So the old woman's family is completely fractured, the addict called the police and laid assault charges and the nice guy may lose his job and not be able to support his young family.

    The addict tried to withdraw the charges but the police are, of course, continuing with them. This is devastating for an already broken family. I suggested to the elderly lady (she has no money for legal help), that she write to the local police commander, or the magistrate (?), explaining the detrimental effects these charges will have on three generations. They are all gentle people (even the addict) but they are all completely broken right now and I want to help them.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,150
    Likes Received:
    256
    Can't stop the police doing their job.

    Best you can hope for is to have the addict become an unreliable witness due to memory problems, on drugs at time of statement, didn't know what he was signing, etc, etc, and that way the prosecution case is very much weakened.

    If a job is at stake chances are you need to see a lawyer. The earlier the better. The 'nice guy' should not be talking to the police at all.
     
  3. kata

    kata Member

    Joined:
    18 May 2016
    Messages:
    2
    Likes Received:
    0
    Thanks, Rod.

    The 'nice guy' has a lawyer, but it doesn't look good because it boils down to the fact that he did hit his brother in law. The addict has found some moral high ground by refusing to retract his statement because he really did get hit. He also had no drugs in his system at the time.

    The nice guy said he was intending to lightly 'knock some sense into him' but his skin is so deteriorated from 30 years of heroin that it was like punching an aged person with papery skin. So my question really is, is there any worth in this elderly, upstanding lady writing to the local police superintendent to ask that the charges be dropped because this addicted son has caused this family so much grief already?

    The 'nice guy' will be unable to work in his profession ever again, may have jail time, may lose his house, the grandmother will lose all contact with daughter & grandchildren. Surely these laws were not put in place for such instances. Surely common sense has some place. I understand that representations can have some effect, but what about if they come from the matriarch?

    I have no experience in this field - this is probably obvious : )
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

    Joined:
    2 November 2015
    Messages:
    167
    Likes Received:
    10
    did he get charged with common, ABH, or GBH?

    If that is your defence to an ABH OR GBH charge it wont fly. Doesn't seem to be provocation either, unless on sentence.

    Not to mention other witnesses... sounds like the "nice guy" will be pleading guilty and seeking leniency
     

Share This Page

Loading...