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WA May be Charged with Damage by Police - What to Do?

Discussion in 'Criminal Law Forum' started by ABH, 13 October 2016.

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  1. ABH

    ABH Member

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    I was cycling along along Caves Road. A car towing a trailer passed me. As they passed, they threw a plastic bottle out the window, leaned on the horn and pushed me in to the ditch.

    I caught them at the next petrol station and approached them regarding their driving. I was hit with a mouthful swears. I was pretty cool until as I was leaving the guy spit on me. I punched his passenger window. I took off pretty fast. The guy got into his car and tried to chase me, but I was able to get away.

    My concern is that my punching a window, I have committed an offence and could be charged with damage. The petrol station has cameras, however, I was wearing a belt helmet with sunglasses, I may be hard to recognise.

    At this point, should I go back to the petrol station to find out if copies of the tapes had been collected.

    If I am approached by police do I tell the truth and hoped not to get charged? Should I say nothing?

    Any opinions can help.
     
  2. Rod

    Rod Well-Known Member

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    Being spat on is assault and you are allowed to defend yourself. If you didn't break the window there are no damages. Having an object thrown at you is also an offence.

    I'd try to get a copy of the incident in case it does get reported to the police. If the police contact you, and the recording clearly shows you being spat upon you have an excellent defence. If the recording is inconclusive or doesn't match your recollection, then don't produce it.

    If interviewed - to tell or not tell is a difficult question to answer. Some solicitors say tell all if innocent, others seem to have a blanket rule to never say anything to police. I don't think there is a perfect answer to your question. It is more like trying to pick the better of two poor options.

    I can only say that in my limited experience and partly knowing some law, I'd be unlikely to say anything and only give name, address and fingerprints. I'd be cooperative and pleasant but would refuse to answer any questions at all. Answering some questions and refusing to answer others is not wise, do not do this. Either answer all questions as truthfully as you can, or refuse to answer all questions except name, address and giving fingerprints.
     
  3. ABH

    ABH Member

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    I may have cracked the window, i think it could be a damage charge
     
  4. Rod

    Rod Well-Known Member

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    Then it becomes a question of damages. More likely to be a civil issue, but who knows these days with the police.
     

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