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TAS Police Involved with Neighbour Dispute - Assault and Destroying Property

Discussion in 'Criminal Law Forum' started by MICHAEL FARROW, 17 April 2015.

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    17 April 2015
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    hi I have been charged with destroying property after my mum was assaulted with the next door neighbor the next day I found out about the assault. I left my mums place I seen the neighbor out side with my kids in the car I pulled up and I said please do not do that again he answered back saying you and your mum are "f**king c**ts" and continued on saying f**k you thrusting of his body in front clenching of his fists he then said you are not like me f**kn c**t. His wife came out side eating some thing he said my mum told him to go back to Sydney or were he come from my mum had all ready told me what was said (we do not do things like that here we are not in Sydney) .I said I do not like your swearing in front of my children. I turned to his wife then said after hearing what I have heard my be he should go back to Sydney then he said and then you married a chines sultan c**t or were ever she came from.

    I went home with such anger haft hearing that I dropped the children of and went back to his house wanting to talk to him I entered the door as he was shutting the door I said cum out I want to talk to you as I was near the door their were glass pans in the door I put my armed near the lock knocked on the door saying come out side you bastard for some reason the glass panel smashed in the door cutting my arm as I lifted my arm I seen blood knowing I have cut my arm on the window then looking I seen a foot in the middle of the glass panels I moved my arm away I lent forward and pushed the other one out .I left with my mum coming down the drive way saying he will think twice before doing that again I came home will my wife was finding bandage for my arm I ring the police station I said their was disturbance I have left if you required any information I will be at the Launceston general hospital. The police came the next day and asked for a statement so I said yes i drove my self to the police station for interview one of the police officers said and you wanted to be a police officer in the interview I started to tell them what the situation was how it commenced but that was not interested in that they said did you break the glass I said yes I must have but I am on lyrica witch I have short term memory loss but it comes back after a wile. What is the out come of the case can you tell me please?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Michael,

    You may be charged with damage to property (trespass) as you broke their window. However, your mum can also put in a complaint of assault against the neighbours. The circumstances surrounding the property damage (fight, argument, works exchanged) will provide context and may mitigate the situation slightly but it will not provide a defence to you damaging their property.

    Given the heated tension between your mum and her neighbours, it may be worth applying for an APVO (Apprehended Personal Violence Order) against the neighbour, preventing them from approaching your mother's property and speaking with her. This might ensure that the situation does not further escalate.

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