NSW Should Person on Public Land be Served AVO?

[Lance]

Wait a minute, did I miss something. I thought this was a fake scenario? I have to admit it was a very detailed fake scenario. Good luck with your court appearance. With any luck, he might drop it when you have him charged with assault.

 

[The Big Fella_08]

Wait a minute, did I miss something. I thought this was a fake scenario. I have to admit it was a very detailed fake scenario. Good luck with your court appearance. With any luck he might drop it when you have him charged with assault.

Just asking for a friend, mate. Would never type anything about myself... You never know who was reading & what I'd accidentally type.

 

[Gorodetsky]

Hi The Big Fella_08,

You are contacting a law firm tomorrow - Great. That is a good thing. They can better advise you about the AVO than I could.

You can't "press charges" or get a solicitor to "get someone charged"...OK? The cops choose who they charge. You tell the cops what happened (a solicitor can help) , but the cops choose who they charge...that's their job, and they have an obligation to uphold the law. So if A was assaulted, they have an obligation to deal with that...

OK? But:

Have a read about "the decision to prosecute":
Prosecution Guidelines | Office of the Director of Public Prosecutions

3.1 ...he fell over and got scrapes and bruises, but didn't go to hospital...so the seriousness of the assault is a little shaky.
3.13...if the assaulter is found guilty...they probly wont get a conviction recorded and probly just get a small fine.

The kids weren't there, so A went round to cause B trouble (to confront B about leaving the kids unsupervised...that's not A's job, that's better done by cops or Dept Family Services or someone in the government)...A didn't go round to rescue the kids...

Your initial post did not point out that A "lost his nut", then drove to B's property to "confront him" before getting in a scuffle. You need to tell the solicitor you speak to the truth if you want them to do a good job.

Best Wishes,

 

[The Big Fella_08]

Thanks, mate. Dept Family Services don't work weekends as A's daughter has been informed previously in earlier problems. A's daughter wasn't staying near the house waiting for the police to show in case he came back before them. The small town doesn't have enough police on duty which was expressed many many times. The police did eventually take photo's but did not take a statement even though A was willing to.

I'm not sure though if I'd consider A being hit by wood & falling to be a scuffle?? Not sure how broad a term can be used.?

B's witness said but wouldn't make a statement that she turned around to find both on the ground so therefore 'assumed' that A must have attacked B... Witness's who did give eyewitness account have stated that A fell after being struck & B toppled over after him.

Just one last question though?

If the police didn't want a statement from A but then stopped him before leaving to take photo's of the still bleeding knees and elbow. Why would they want/need the photos? This is just another confusing aspect.

 

[Gorodetsky]

Hi again the big fella-08,

I'm not trying to argue with you. If my posts are abrasive it's because I'm not as eloquent as I'd like.
But you keep going around the truth...no, dept of family services don't work weekends. But the daughter had already got the kids..."A" could have phoned the department on Monday.

Scuffle...A will say B attacked me, B will say no A attacked me. If B has no marks, that might count for something. But grazed knees don't come from 4x2. Now someone says both ended up on the ground. What i call it doesn't matter in the slightest. I'm nobody.
What the copper thinks and later the magistrate thinks matter.

If you tell the cops or the magistrate a leaky story like you've told us, they'll pick it faster than I.

Your question: why did the cops want photos, but no interview?

I can only guess:

Cops are responsible for "preserving evidence of the crime"...so he'll look incompetent if he failed to get them, but they became important. He can phone up during business hours and ask for a statement if it becomes important. He is trying to do the minimum and he is trying to bury the possibility of an assault charge. He'll even use the photos to say no assault occurred - "I took photos of all injuries, these are photos from when A fell over. No photos of injuries from anyone assaulting anyone"

Regards