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NSW Will Person be Charged of Assault After a Voluntary Confession?

Discussion in 'Criminal Law Forum' started by Tanya Davey, 28 May 2016.

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  1. Tanya Davey

    Tanya Davey Member

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    If a person committed assault onto another and then voluntarily confesses to the police, are they likely to be charged, even if the victim has not yet to press charges or made a statement?
     
  2. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi Tanya

    It really depends on the circumstances. Not a particularly helpful response, I know. I'll try to elaborate.

    Have a read of :
    http://www.odpp.nsw.gov.au/docs/def...t-library/prosecution-guidelines.pdf?sfvrsn=2

    Uhhh, page 8,9 and 10 - "the decision to prosecute". The document is the "prosecution guidelines" and typically the police manuals refer to them when discussing whether to charge someone or not....you can see there are plenty of broad reasons why the cops can drop it if they feel like it, or pursue it against all common sense if they want to as well....

    So if the person is mentally ill, was real polite, said they were really sorry, their chances of being charged decreases. If they were brown skinned, gave them some attitude, was domestic assault, their chances of being charged increase.

    Incidently, the victim does not get to choose....the cops are supposed to take the victims wants and needs into account, but they usually count for very little....The police are meant to collect evidence and charge as appropriate, whether or not the victim gives a statement, signs their statement, or doesn't even speak to the police. It's just that if the victim doesn't, the cops generally see it as optional.

    NSW police (and probably all Australian police forces at the moment) have a policy about charging for domestic violence...http://www.police.nsw.gov.au/__data...-and-family-violence-code-of-practice.pdf.pdf....page 27

    but they often don't bother...
    Family violence victims face 'wall of lethal indifference' - Law Report - ABC Radio National (Australian Broadcasting Corporation)
    Kelly Thompson: Murdered woman's mother says police failed to take domestic violence seriously - ABC News (Australian Broadcasting Corporation)

    Look, if you or your friend are the victim, you have to hound the police to find out what they are doing about your thing....and then hound them to make them actually charge and then prosecute the perpatrator. If they don't get charged, nothing happens.

    In Aurukun at the moment, people can assault each other in the street in front of police and the police don't even interfere....Aurukun elder calls on police to end street fights between locals - ABC News (Australian Broadcasting Corporation)...

    I hope this helps,

    Regards,
     
  3. Ponala

    Ponala Well-Known Member

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    Need a victim to supply a statement before anyone gets charged - no victim no crime.
     
  4. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi Tanya,

    A half truth.

    The police want a statement. It makes their job easier. But they don't have to have a statement. There can be a victim, and a crime, without a statement.

    After all, a murder victim rarely makes a statement. And usually doesn't even have to attend court.

    There are plenty on crimes where the only statement is from the police officer. And plenty of offences which are "victimless".

    In your case, the person has already made a statement, the confession. So the police ought to be able to proceed on that. And the offender will probably plead guilty. So it ought not be too much work for the police.

    Regards,
     
  5. cr7

    cr7 Member

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    No mercy from the pigs. A confession is what they want and that is all they need.

    Don't make their job easy by doing that. No way
     

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