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NSW Partner Wrongfully Accused of Murder - What to Do?

Discussion in 'Criminal Law Forum' started by Zee, 18 October 2016.

  1. Zee

    Zee Active Member

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    Hi,

    A little confused on how this works. But I will try my luck.

    My partner is currently looking at an 18-year sentence for murder (a murder he didn't do). He has already done 6 years moving onto his 7th year next February 2017. There is absolutely no evidence he was involved in this murder expect for an unreliable witness that gave his first statement saying he didn't know who fired the gun.

    A year later, at my partner's retrial, the "witness" returned with a new statement after the police spoke to him. His new statement stated he knew who the offender was but didn't remember the complete story of what happened that night. Everyone in the court room knew the witness was a liar, including the judge himself, but my partner still got sentenced for it.

    As I said earlier, there is absolutely no evidence my partner played a role in this murder. There is a lot more to this story but a lot o type. I have written the main points to get some help. My reason for this is because my partner is trying to appeal in supreme court and if that does not get accepted, then we will try the high court. Is there any help any lawyer can give me regarding criminal law and to what I have stated in this?

    Kind Regards,
     
  2. Rod

    Rod Well-Known Member

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    Have you tried legal aid?

    If so, what did they say?
     
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  3. Zee

    Zee Active Member

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    Hi Rod,

    I haven't contacted legal aid yet. I think that will be my next choice.

    In your knowledge, is that my best choice?
     
  4. Rod

    Rod Well-Known Member

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    Not if he has money. If he can afford it, he should pay for a solicitor that has a strong background in criminal defence.

    If he doesn't have the money, legal aid is your second choice. Overturning a conviction, especially for murder, is not a trivial exercise.
     
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  5. Zee

    Zee Active Member

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    Well his QC will be representing him. He's a fortune but before we make any payments towards this, we wanted to be sure through other opinions anyone could give us.

    Definitely need a solicitor to fight this one.
     
  6. Rod

    Rod Well-Known Member

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  7. Tim W

    Tim W Lawyer
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    If you've already got a QC, then be guided by their advice.
     
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  8. Rob Legat - SBPL

    LawTap Verified Lawyer

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    To add to what Tim said, generally one of the quickest ways to get a QC offside is to seek out alternate opinions.
     
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  9. Keenan

    Keenan Member

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    Sue for wrongful conviction. They will be forced to review evidence, and this may find this effective.
     
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  10. Tim W

    Tim W Lawyer
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    This advice is not reliable.
     
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