My Brother (1 Viewer)

[Danoz The Great]

I should know this but anyways...


My brother is 15 and may be getting charged with assault. What could happen to him?



This is a serious question so please so spam etc.

 

[goan_crazy]

I should know this but anyways...


My brother is 15 and may be getting charged with assault. What could happen to him?



This is a serious question so please so spam etc.

if it goes to court he will be entitled to free legal aid as he is under 18
Depending on what type of assault that penalty will be according to it

police or whatever people involved should take into consideration the agrivating and mitigating circumstances

 

[melsc]

He should be tried as a minor, but at the age of 15 one is said to be able to form mens rea, so despite him being 15 he could be convicted but sentencing would probably be less...I dont know too much about what happened or how they sentence young people

Is there anything that he can use in his defence excluding provocation which is only a defence for murder in NSW...i.e. self defence, mistake/accident etc?

 

[Huratio]

under mitigating factors i.e. age, and depending on the seriousness of the assault i.e. was there intent to hurt the person(s).
if it is serious then i suggest you get your brother some legal representation- legal aid is shit (sorry: ineffective) here. He is also under the age of 18, I think that also allows an adult over 18 to support him during court (if it goes that far).

melsc: can u hold accident/mistake as a defence>? i don't think i've heard it held before..

 

[= Jennifer =]

assault: is the threat of immediate harm
battery: physical

now being just fresh from study which one did he do? i know u say assault but assault technically is not physical

 

[goan_crazy]

assault: is the threat of immediate harm
battery: physical

now being just fresh from study which one did he do? i know u say assault but assault technically is not physical

ah i remember those definitions from crime
-ASSAULT AND BATTERY:
Historically, the crime of ASSAULT is:
•Threatening to do violence to someone- [verbal]
-BATTERY:
•Is the attacking of another causing actual physical harm to that person. [physical application]

Today assault refers to both the traditional assault/battery.

 

[monique66]

I dun know exactly what could happen to him but i think if its serious he might need to go to juvenile detention (which i doubt) if convicted. However, i don't think if he is convicted him criminal record will become erased by the time he is 18. Is that right guys?

 

[physician]

would struggling to resist arrest... (physically mildly violently struggling) be considered as assult... (against cops)..

anyways.. if so this happened to a close friend of mine.. and well he was 16... only just... and he was taken to the nearest police station, questioned... etc. etc.. he was thrown in a jail cell for like only 2 hours... but got out the same day...

he had done nothing wrong.. to be arrested in the first place... the cops were pritty racist... and 'they' actually assualted someone first... so he was sort of acting in defence of the lady who was assaulted (by the way i think 2 cops lost their jobs that day because of the issue)... anyways.. long story cut short... depedning on the extent of the assault... i don't think he'd be spending time in prison... unless it was really severe... but questioning and stuff could take a while... not sure if there would be a fine involved... but... yeh it's kind of diffiucult to say without knowing the details of the assault...

 

[gordo]

tell him to argue battered wife syndrome

 

[monique66]

resisting arrest is a crime.

 

[physician]

resisting arrest is a crime.

i wanted to know if it was classed a assault.. anyways.. yeh it's a crime.. sort of.. but he didn't get charged...

obviuously in his situation the police were in the wrong... they treated him like a dog literally...

and they attempted to pull the headscarf off a muslim lady...

 

[Huratio]

tell him to argue battered wife syndrome

hey she did say no spamming...

battered wife syndrome is a defence that women can hold in trial for murder... this comment is unrelated.

 

[goan_crazy]

hey she did say no spamming...

battered wife syndrome is a defence that women can hold in trial for murder... this comment is unrelated.

but there is a case where a man used the defence of battered womens syndrome
a homosexual one

 

[LaraB]

ah i remember those definitions from crime
-ASSAULT AND BATTERY:
Historically, the crime of ASSAULT is:
•Threatening to do violence to someone- [verbal]
-BATTERY:
•Is the attacking of another causing actual physical harm to that person. [physical application]

Today assault refers to both the traditional assault/battery.

don't mean to bag you coz that is sorta correct... but its a perfect eg of why you don't ask high school students.... find a uni grad or something at the least...best is a qualified professional...

assault is not as simple as threatening someone nor is battery as simple as causing actual physical harm to another person...

get some qualified legal advice and take advantage of legal aid if applicable is the best advice anyone here should give

 

[melsc]

I should know this but anyways...


My brother is 15 and may be getting charged with assault. What could happen to him?



This is a serious question so please so spam etc.

So he hasnt been to court yet? He may be lucky if the police can't prove in committal that they have enough evidence for trial it wont go to trial But as Lara said we don't know much...I'd ask someone who knows what they are talking about

 

[roadcone]

well above sort of outlines assault well, as to what could happen to him if he does get charged...

last year at a party the boys were trying to keep out some guy from another school and in the process there was a massive fight (quite exciting at the time, but that is another story) anyway they broke his ankle and like he needed stiches and stuff.. two of them got charged, caz they were the only ones they had enough info on to get caz none of us said names, and they got 25 hours of community service looking after the kids at pcyc.. they were 16 and 17 repectively, they went through young offenders and when they turn 18 their record is 'clean'