NSW Should Person on Public Land be Served AVO?

[The Big Fella_08]

Say if this fake scenario were to happen:

After arguing & then walking off somebody's property, then challenging the owner who by now is carrying a lump of 4x2. if that owner then attacks the person on the council strip, who is in the wrong? Can this be legally claimed to be the non-owner's fault because they challenged the owner to use the log?

The non-homeowner was swearing & challenging him. The police said that even though the homeowner attacked the non-homeowner on public land that by challenging him, he, therefore, gave the homeowner permission to do that. The police then said that if the non-homeowner wanted to go ahead with the charge of assault then he would lose as he was deemed to be a trespasser.

I thought that this would more be a case of assault with a weapon by the homeowner? Totally confused by this one.

Should the non-homeowner be served an AVO?


Mind you this is a totally fake scenario..

 

[Lance]

Hi,

In NSW, the court will likely consider provocation and they will likely look at the details of what occurred on the property but assault is assault. I suspect that in "the fake scenario" the AVO was issued because a threat of violence occurred on the property and that lead to the homeowner thinking they should defend themselves before the other person comes back.

The police sound right but it shouldn't stop the assaulted person from addressing the assault in court.

 

[The Big Fella_08]

Nothing other than words were exchanged on the property. The non-resident was in the process of leaving. There was a person separating the two but B ran around them to get at A. When A was struck on the elbow/arm he then tripped & ended up with large grazing on both knees, grazing on toes + lump & cut on the elbow where he tried to deflect the blow.

The police interviewed B & 3rd party & decided that they would take some photo's & not charge A with trespassing. They would let B go & serve an AVO on A.


B is well know to police for this same sort of thing but didn't even want to get A's side of the story... So damn confused considering 3 people agreed with A? Short staffed police station fobbing things off?

Officers were running backwards & forwards complaining of being very short-staffed & kept apologising to A & witnesses.

Let's say

Non-homerowner - A
Homeowner - B

 

[Gorodetsky]

Hi the big fella-08,

Why is there a question of trespass? Did the victim (A) go uninvited onto the property to start a fight?

Is that why the police sought the AVO?

The offender (with the 4x2) may have assaulted someone. It's still a crime. But the public interest in prosecuting that is rather less, especially if A (on top of intruding into B's property and provoking a fight) then asks to be 4x2ed and only ends up with grazes and bruises...no broken bone.

I hope this helps

Regards

 

[sammy01]

So the one thing I reckon the cops wanna know is this: why was the non-homeowner at the property?

If he doesn't go to the property, then none of this happens. The cops will assume he went there to cause trouble and it all goes downhill quickly from there. And why didn't he just leave when asked, rather than getting in a scuffle.

 

[The Big Fella_08]

Chronicle order

B sends sms to A's daughter about having enough & can't do this anymore (weekend with joint kids) both under 7. A's daughter goes to see how the kids are & B is not any where on the property. A's grandchildren arrive at A's place & the daughter is hysterical.

A loses his nut & drives over there, not knowing what he's going to do but wants to confront B. A walks onto property yelling for B to come out & explain how/why & what he did. A receive's no reply, so goes into open house to find him. As there was no one there he starts walking back to his car but then hears something in the garage so goes & opens the roller door to be confronted by B standing there with a lump of 4x2.

A starts retreating off property (although swearing like a sailor). 3rd party (C) arrives to make sure that nothing else happens but when A reaches nature strip ( still swearing & challenging B to do something tough & asking how he can be so gutless). B then decides to rush around person C & swing the wood at A.

A deflects with elbow/arm & ends up tripping over & heavily grazing both knees & slightly grazing toes. Have scars to prove all of this. A then gets up & goes to police station to report this. A is not officially interviewed. B & C are.

When it's time for A's interview, he is informed that they won't be laying charges against him even though they agree with the way things went. 1st officer explains that A can be done for trespassing ( A is happy to do this). B will have no case to answer because A challenged him & therefore invited the attack so he was within his rights. 2nd officer can't understand how the fresh & still bleeding grazes could have happened.

A was then informed that he was having an AVO taken out against him & will be served court orders although as yet doesn't know if it's taken out by the police or the B or the home-owner who are B's parents.

What are the next steps that you would offer to A?

 

[The Big Fella_08]

Why was the non home owner at the property?

To confront B over leaving A's grandchildren all alone at the property. Both kids under 7.

 

[The Big Fella_08]

A has just been served papers taken out by the police & the report is so wrong that it is funny. They took into account a neighbour of B who refuses to say anything else nor be interviewed about this. Although the neighbour didn't see the whole event by their own account.

B admitted to attempting hanging himself while the children were in house (pity he f****d that up as well). The report is so wrong, so how & when can A get further witnesses. A has 1 extra witness plus 2 others that he should be able to find.

Does A wait til the court date or find them & ask them to give statements now?

A is still waiting to be interviewed ?

 

[Timnuts]

Do not say a word to the cops and do not accept the AVO. They try to trick you by accepting the AVO without conviction and then you're f***ed. Speaking from experience.

 

[The Big Fella_08]

Paperwork was just notice of court date & that is where A can agree or disagree. Contacting law firms tomorrow to get B charged with assault.