WA Stabbed in Neck - Then Charged with Assault?

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steven264

Active Member
4 October 2014
7
1
34
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?
 

steven264

Active Member
4 October 2014
7
1
34
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 :)
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
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.
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
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.
 

steven264

Active Member
4 October 2014
7
1
34
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