VIC Self Defence

[Jaffasoft]

)1. Threat to kill. Dropped)
2). Unlawful Assault. (Dropped)
3). Unlawful Assumptions (still current).

Thanks for the info. Yes does make it tricky to chat about question in public. But i am not scared of the truth I always gets me out of trouble in my life experiences.

Legal aid rejected application due to savings threeshold and own a property and motor vehicle value on a DSP pension.

Yes, costs could be a prohibitive but i do not want an assault on my record either as i like to travel with passport etc different countries too. Don’t want it ruined over this silly fools actions.

 

[Jaffasoft]

Re edited my above reply after running out of edit time 30 minites! Posting it in here.

)1. Threat to kill. Dropped)
2). Unlawful Assault. (Dropped)
3). Unlawful Assault (still current).

Thanks for the info. Yes, does make it tricky to chat about questions in public. That is why i am careful to protect identities and no names and used aliases etc. Just want an open generalised discussion about guilty not guilty pleads. No decisions are being made or advices taken just a generalised discussion may be best!?

But i am not scared of the truth I always gets me out of trouble in my life experiences. Not that many ppl practice it lol.

Legal aid rejected application due to threeshold.

Yes, costs could be a prohibitive but i do not want an assault on my record either as i like to travel with passport etc different countries too. Don’t want it ruined over this silly fools actions.

 

[Hellomyonlyfriend]

Unlawful assumption? What is that? What legislation and section?

It is way easier for solicitors, preparation wise, if they plea negotiate and give the police something.

I say **** em and put the prosecution to proof. The police love a pleader as it makes their job easy.

Also remember if you plead guilty to their allegations, no matter how incorrect they are, they become facts to the sentencing magistrate.

Have had solicitors tell me to plead guilty on 5 different cases and have been found not guilty after taking the matter to hearing on each occassion.

Also remember if you please not guilty and rely on self defence it is up the prosecution to prove beyond reasonable doubt that you were not acting in self defence, disclaimer: at least in NSW anyway but will check Victorian legislation.

 

[Hellomyonlyfriend]

Yep, onus of proof on prosecution.

Once the question of self-defence is raised by the defence, and sufficient evidence is presented to support it, the legal onus is on the prosecution to prove beyond a reasonable doubt that the accused did not act in self-defence (section 322I). The key provisions governing self-defence in Victoria are found in sections 322I –322N and 322T of the Crimes Act 1958 (Vic).

 

[Jaffasoft]

The typo made a mistake with reference to the 3). Unlawful Assumption

It was supposed to be unlawful assault. Typed! I edited and changed but ran out time 30 minutes to edit the posting.

How did you get the 5 matters to hearing after a guilty plead, i was of the understanding that only if you pleaded not guilty you could get a cross examination hearing where all parties must attend including witnesses, police etc. Which would mean my tenant witness could testify at the stand what she seen.


That is the key thing i do NOT want to agree to 95% the lies to become facts as it is sounds too dramatic!! He’s even claimed i kicked him in the guts and punched on three minutes. Never did at all. All exaggerated lies. I’ve got good circumstantial evidence prove many claims that these things were impossible once a sensible judge hears it. So many thing this guy said that never happened and the witness is lied about same things. That can NOT be taken as a credible witness surely.

This is called being “framed”. Might carry a empty picture frame into the courtroom and say to the judge im here to be framed your honour.


Should I approach the officer that made the charges for the marijuwanna and proceed with further charges myself of bullying, threats to bash, blaming, harassment and animal cruelty? Then i can get my story on on a statement with my witness and have it all on paper?

 

[Hellomyonlyfriend]

I never entered a guilty plea in court.

I meant solicitors have told me to plead guilty in their legal advice etc.

They (solicitors/magistrates etc.) trot out lines "it will be looked upon favourable by the court in regards to saving court time", "you have shown remorse" "better to just get it over with" etc. There are so many innocent people who are coaxed into pleading guilty in jail. Fact.

Like I said it is legislated that solicitors must follow court directions i.e. magistrate directions. That means they must follow orders by the court above their own clients interest. That is their paramount duty, officers to the court before the client. Not many people know this.

Cops have taken a side they will not charge him now imo unless there is concrete evidence against.

 

[Jaffasoft]

Wouldn’t be the same cop would be a different one. I asked the charging officers and they said they compare notes to the existing statements. Though on thinking about this now, maybe she meant compares notes to her existing statements and that the same police do it.

This is the problem with not knowing the law, solicitors spend years studying the intricacies of the law im expected to just know it. Isn’t there even a thing that says if you didn’t know the law its not chargeable or something too? I thought i had the right to defend myself under attack?? I didn’t think or know it was illegal to protect yourself or your dog or your property. I’m right at the front of my own house for gods sack getting rocks and or clay thrown al either me or my dog and property. Neighbours standing in a field full of ploughed rocks and clay clumps.

I learned very well in a parking fine case i was certain with photographic evidence that i was not guilty of it. After getting know where convincing the issuing ranger, i asked for it to be reconsider by the council system, they refused it. I prepared everything for court.

The wording was heavily worded and very scary very convincing to plead guilty. I stuck to my NOT guilty plead ticking that box.

My name was called out first cab off the rank nervous as hell i approached the microphone. Never even got a chance to say anything or submit all this evidence that took me ages to colate and the judge just says over the mic “case dissmissed”. Unreal sense of freedom when he said you are free to go. felt unreal. .

Unreal isn’t it. Many people i think would be scared into guilty submissions.


I wish i had a film of what happened with my dog im 100% not giilty would be accepted by and person, judge or police officers. They would be bitter at the misleading lies of the accused as well.

 

[Jaffasoft]

If i plead not guilty and judge thinks it is not quite convincing or not within the law or something, what is the consequence and what would be considered etc? What costs etc also.

 

[Jaffasoft]

Recklessly cause injury. Was the other charge dropped. Just one of assault remains.

 

[Jaffasoft]

My solicitor went with a guilty plead. No conviction and a $1500 fine was issued plus a stern message from the judge.

None of my story was conveyed much really. I find it a very strange system as the judge heard nothing but 95% the lies by the statement read to him.

But anyway pleased with the judge’s responses. No conviction thrilled me and i aim to keep it that way and adhere to his message.


Thanks heaps for your support also in here and explanations in this thread!!


At the end of the day I thought to myself at least i stand true with integrity and my neighbour has to live with himself bring a liar, manipulator and narcissistic tendencies.

While all the people I talked to in my day to day and 40000 online in the kelpies group and life said good on me protecting the dog under attack in the situation.



No wander the judge was angry he never knew the truth!!