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Lillian DuRen
Lillian DuRen, Lawyer
Category: Australia Law
Satisfied Customers: 8
Experience:  B.Ec., M.I.R., LLB
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My 13 year old son was punched to the ground and repeatedly

Customer Question

My 13 year old son was punched to the ground and repeatedly kicked for over a minute by a group of up to 12 students at his High School on the 20/05/09 whilst over 40 students stood around and watched and video taped the assault on mobile phones which I have viewed. When my son was helped to standing position and tried to leave the high school oval where the assault occured he was then attacked again , punch in the back of the head and kicked again. He received concussion, bruises, lump to the head and stomach and chest pain. I am waiting on the CT Scan results, and I have him booked into a doctor this morning for refferals for chest x-rays and stomach ultrasound. The school did not notify me of the incident, and I only found out about the assault when my son came home from school the day it occured. We went to the police tonight to lodge an official complaint and they will start intervieiwing children/teachers today. How should I proceed, should I obtain a lawyer? We are all scared!
Submitted: 5 years ago.
Category: Australia Law
Expert:  Lillian DuRen replied 5 years ago.

Hi Adele

 

If the Police are satisfied that an assault has occurred, the offenders will be spoken to. Depending on how old the boys who assaulted your son were will determine what happens to them. If they are under 18, and the offence is proven, then the children's court will deal with them.

 

At this stage Adele, I would concentrate on getting your son back to health. Let the Police do their investigations. You do not say which state you are in. In NSW they have a Victims Compensation scheme whereby victims of crime can make an application for expenses and compensation resulting from an act of violence. These schemes have been put in place to protect and help victims and so that the victims do not have to incur the legal costs of taking the offenders through the civil courts to obtain compensation for their injuries.

 

So, initially, the Police will deal with the criminal proceedings. Once that has been sorted, then you can consider the Victims compensation side. If you want to proceed against the boys and their families (perhaps because the police cannot charge the boys because they were under 18) in the civil courts, then you would consult a lawyer who would advise you.

 

I hope this answers your question.

 

 

Lillian DuRen, Lawyer
Category: Australia Law
Satisfied Customers: 8
Experience: B.Ec., M.I.R., LLB
Lillian DuRen and other Australia Law Specialists are ready to help you
Customer: replied 5 years ago.

To Lillian,

thankyou so much for your advise it has given me the clarity to understand the process that we need to follow from here on out. So thankyou for your reply. I will follow yor advice, we live in Victoria so I will look further into the crimes compensation scheme here in Vic as we are already out of pocket and struggling - Thankyou -Customer/p>

Expert:  Lillian DuRen replied 5 years ago.

Hi Adele

 

I am so glad i could assist. Here is the website for victims of crime in Victoria.

 

http://www.legalinjury.com/victims-compensation-victoria.html

 

Thank you for clicking "accept".

 

I hope the process goes smoothly.

 

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