VIC Self Defence

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Jaffasoft

Well-Known Member
5 December 2016
19
0
71
I wish to plead not guilty self defence to an assault charge by polive in victorian law. Can i do that with the following story explained?

An incident occurred between myself and my neighbour across the road at the neighbours property!

I was on standing the nature strip at the fence saying a friendly hello and catch up with the neighbour.

The neighbour began asking a series of questions to me blaming for him being charged by police to appear in court for growing two marijuwanna plants on his property for self treatment of cancer.

I continuously denied such accusations and told him in a stern voice to stop going on about it.

I support such treatments and agree it should be allowed I would have no issue if he grow it and i had no knowledge thot he had. I had been away 4 more months.

The neighbour got more angry and started to yell saying nasty things like “nobody likes you, all the neighbours don’t like you”. He then picked up a solid lump of clay from the ploughed field he was standing in and threw it hard at my dog hitting it in the head.

I quickly went towards the neighbour to stop any further violence towards my dog and potentially me and my property. A fight ensued where i punched the neighbour once to the head.

He seemed to on have got the message and i left his property and walked home straight away.

He continued to curse calling out that i was a “dobber”.

He had also been giving threats to have his family members from Melbourne come down to this country town and “have me bashed for dobbing”.


The neighbours statement i counted least 10 full descriptive sentences all full made up lies he has also convinced a witness to lie’s because his girlfriend has lied and said i kicked him in the stomach. Which never occurred.

The guy has lied about everything, he denied he hit my dog. The only thing he said that was true was that i punched him and we had a fight. He said he threw dust at the dog not a rock solid lump clay.

I have a witness my tenant seen the whole event but my solicitor wants me to plead guilty and so do the police.

Two charges were dropped after the police heard my REAL story and the solicitors pre-case meeting. I gave a no comment statement on first solicitor advice from a new hone call under arrest at the station.

They said, I should have just simply grabbed the neighbour to stop him but not punch. If I grabbed him I could have been in more danger, he might have a knife or anything. A punch was the natural defence thing i thought to do quickly in the situation, i had no tome to think it happened so quickly.

I didn’t use more force then was necessary to stop any further violence. My dog did nothing at all wrong and didn’t deserve be treated so harshly.

The attack at my dog was a deliberate attack at me and the neighbour knew it. He seen the clay hit my dog he was looking right at at plain as day.


What grounds can i plead not guilty and what repercussions of this if any?

Thank you. Such a big deal blown out over nothing and all his blaming and threats and violence at my dog and he’s not been charged at all.Should been him that was charged.

I just wanted to say hello and have a friendly chat like many other times before the previous 2 years.

The world’s gone crazy i tell ya!
 

Jaffasoft

Well-Known Member
5 December 2016
19
0
71
Initially the advise was to plead not guilty on self defence by the old solicitor advice of 30 yrs service in this country town , now once onother solicitor meeting with police the police are saying has to be a guilty plead.

Everything i read about self defence states, threats are assaults from neighbour, throwing clay projectiles is assaults, bullying is another charge, cruelty to animals, i simply stopped the man from exacilating violence of which i had no idea how much further this angry man would have gone.

Why can they get away with dozen of lies in statements? Should be thrown put of court because of that. Black and white statements, each so different, his has next to no truth all dramatic hollywood script writting that police believe.

This is the reasons I’m now searching other information/ clarity. I want to plead not giulty, i don’t feel guilty at all for standing up for myself and my companion dog! If i say guilty to the statement i will be lying and agreeing to 95% lies and misleading information in the statement.

I happen to live my life an honest man. Truth has is always easy for me and works for my personal life. Never had prior. 53 yrs old.
 

MaxDailies

Member
21 October 2023
4
0
1
Standing on the nature strip, just wanting to catch up, and suddenly you're being accused of something you had no knowledge of - that's incredibly frustrating.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,774
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2,894
www.hutchinsonlegal.com.au
Without seeing the police brief it is difficult to advise you. If you have a good solicitor I suggest you take his advice
^^^ This
 

MaxDailies

Member
21 October 2023
4
0
1
Standing on the nature strip, just wanting to catch up, and suddenly you're being accused of something you had no knowledge of - that's incredibly frustrating.
I can only imagine how unsettling it must have been when things escalated, especially with your dog getting hurt. It's clear you were acting out of instinct to protect yourself and your pet from further harm.
Now, regarding pleading not guilty, it's a tough call. On one hand, you were just defending yourself in a moment of chaos. On the other hand, the legal system can be tricky to navigate, and there might be consequences to consider. Consulting with a Phoenix criminal defense lawyer could provide clarity on your options and potential outcomes.
 

Hellomyonlyfriend

Well-Known Member
15 August 2022
63
1
199
I spoke to your dog and he requests you plead not guilty.

Tell me about this new solicitor. The police don't tell him to tell you how to plead.

Is he a private solicitor or legal aid?
 

Jaffasoft

Well-Known Member
5 December 2016
19
0
71
I spoke to your dog and he requests you plead not guilty.

Tell me about this new solicitor. The police don't tell him to tell you how to plead.

Is he a private solicitor or legal aid?

A solicitor working for a small firm this local country town. Reasonably new to the firm to my knowledge. My solicitor has been making good sense of the personal account i gave as my side of the story. Has picked up on every mistake in the other side’s 95% fake side of there.story. Was impressed with that!! No rock was left unturned!!

A charge of threat to kill was dropped. And one of aggravated assault think it were. I NEVER gave any threats to this man. So that was right and proper of police to also decide to change. I was polite using no fowl language and just continually denying any information being submitted to authorities about any marijuwanna being grown.

There was nothing about him blaming me about marijuwanna in his statement AT ALL, but sentence after sentence of ad lib different accusations such as i was calling him a wog etc swearing causing a fight etc never word of it said. He said nothing about his threats to bash me assuming for informing police. I could not believe the amount complete lies in his statement, incredible least ten sentences all lies made up. .


He was barking up the wrong tree. Every man and his dog would be infuriated at such a deliberate personal attach at your beloved animal. The dog has bern welcomed over to his property many times. Suddenly he was raving on its trespassing and all this bulls**t. Id asked permission to walk my dog over on his property many times. The guy threw a tantrum we were both yelling at each other in the end .


Its not only the animal but what could have happened next if i let it continue, could been rock or clay thrown at me next or my property directly behind me in line if fire.


I sorted him out and he didn’t like it, now wants to continue his blaming game involving police, solicitors and to get a judge to blame me as well. I used reasonable force only one punch stopped him and i seen it had stopped him and i didn’t carry on anything more i left it be at that to me it was over.

I wander what it is he is actually achieving doing all this.
 
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Jaffasoft

Well-Known Member
5 December 2016
19
0
71
The Police, while arresting the man for growing two plants told the man that quote “someone around here” when the accused asked who it was that notified them of him growing marijuwanna. He had it in his head and stewing the last fpur so months that it was me. So it was premeditated pent up anger i ran into!

I advocate the use of this miracle substance found in nature of medical marijuwanna i have researched it extensively as a trained health food expert in a hold potentially special dirts kitchen and in my personal life i have read many good things about it. Had friends cured of cancer with it. The sooner it is allowed in Australia yhe better a nation it is going to be.

I even suggested to this clown yo look into it as a treatment plan for his prostate cancer diagnosis.

Not sure police why police can let private information put like that thpught it was a duty if care to protect people’s privacy.


We are fully aware and very confident that the informant is a neighbour just down the road. From a very good source.


P.S. You are the only person in all this matter that has expressed any concern for the animal.
 
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Hellomyonlyfriend

Well-Known Member
15 August 2022
63
1
199
What are ALL the charges at the start?

Private solicitors may be looking at the costs involved just not whether to plead guilty or not.

Legal aid just want to get the matter finalised and do not really care about the client iny experience.

Always remember a solicitors paramount duty is to the court, and then the client second.

Be alert not to make any admissions about your case on the internet . It could be used against you.