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WA Stabbed in Neck - Then Charged with Assault?

Discussion in 'Criminal Law Forum' started by steven264, 4 October 2014.

  1. steven264

    steven264 Active Member

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    This guy goes straight through a zebra at the shops and hit me with his car. I waited to speak to him, and he proceeds straight up to me and goes "you had no right to do that". He has a funny accent and I am thinking he is saying HE had no right to do that.

    I say "Oh no worries be careful, you nearly ran me over" and he says "NO, YOU HAD NO RIGHT TO DO THAT, GET AWAY FROM ME OR I WILL KILL YOU". I immediately chest shoved him and he feigns falling backwards and is moving all around. I'm just standing there like wtf. He swings and clips me in the neck/jaw. Blood starts squirting out. I throw a punch. It misses. He goes "I have something else for you in the car" and I respond "you aren't going anywhere till the police get here, MATE. You just stabbed me IN THE NECK".

    He tries to drive away, reversing into me as I coin his number plate details onto a blood soaked paper card with my key. I go and sit down and have a smoke. Then I notice the car again drive by me. He must have been doing laps around the shop because this is 10 minutes later. Coming out of shock, I chase the car down the road. He gets stuck and drives down the wrong side of the road to elude me. Nearby, a bank staff comes out, attend to the wound and calls the police who attend and speak to me and they take a statement after I was stitched up in the hospital. Months later, I get a call from a constable who wants to "clarify some details" of my assault and asks me to come in.

    As soon as I arrive, I am arrested and participated in a 55 minute interview where I reiterate my original statement. The "victim" and police claim 1. I appeared from between cars and intentionally struck his car with my left elbow(?) 2. When he said I had no right to do that immediately started throwing punches and screamed at and attacked the "victim" 3. When the "victim" tried to get away I caused $1500 worth of scratches all over his car. He was arrested on suspicion of unlawful wounding, made no admissions and made a false statement and wasn't charged. I was charged with common assault and criminal damage.

    Now, they have no video, no third party witnesses. The "victim" has not the slightest scratch bruise or anything on him. I have all the police photographs and medical reports of my injury. This person says that he could smell alcohol on my breath and I was drunk and I intend calling the two police who attended to testify that I didn't. He has lied to police and I think he will lie under oath. I am self represented due to limited funds, how do I win this?
     
  2. steven264

    steven264 Active Member

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    if there is a lawyer here that can represent me at end of November, I have no money but I am a professional car detailer and could barter :)
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Steven264,
    Have you considered speaking with your local community legal centre about your matter? They are sometimes able to refer you to a lawyer competent in this area. If you wish to litigate the matter, you can apply for legal aid.
     
  4. Sarah J

    Sarah J Well-Known Member

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    From what you have written above, you may initiate a civil action against the perpetrator for assault causing injury (or serious injury); for careless or negligent driving. You may file a police complaint for a criminal action, but given the police's response, this may be difficult.

    In regard to evidence, request a copy of the police report and all statements, have your medical report ready (photocopied), speak with the bank staff and other nearby shops for witness statements, request a copy of the police call. If you find a lawyer to represent you, you can ask your lawyer to request this information on your behalf.
     
  5. steven264

    steven264 Active Member

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    I have applied for legal aid and been rejected. appealed decision on basis of mental illness, depression and anxiety disorder and was again rejected. Local community legal centre cannot offer me a trial lawyer. The mental health law centre in perth can offer me one hour of advice. I was told to plead not guilty by the duty lawyer at my first appearance and now I am on my own
     
  6. steven264

    steven264 Active Member

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    thanks. I have recently been given disclosure by the charging officer.
     

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