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Redoing a police statement

I was the victim of...
I was the victim of domestic violence and my husband was charged with property and physical assault. The night was very emotional and distressing and I made a statement to the police that he damaged a door, my mobile and backhanded me as he went past. The following day I met with my psychologist and we went through the night. I realised that he didn't intentionally hit me and that we connected. I know he would not hit me on purpose. I dropped a letter to the police immediately stating what had happened and they forwarded it to the DPP. I have since written twice more and the DPP has told me the only way to change things is to redo my statement. They advised on getting legal advice first.
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Answered in 9 minutes by:
6/28/2010
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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Customer reply replied 8 years ago
What are the implications if I change my statement to the police? I want to get charges dropped against my husband.
You could change your statement to say that upon further consideration, you think you might have been mistaken about him hitting you. But you do run the risk of being charged yourself with having made a false statement if you really go farther than that.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
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Customer reply replied 8 years ago
The worse thing is that it was a very emotional night and the police were putting words in my mouth. The next day i was more calm and could understand what happened. If I say it was accidental then that is not acceptable either is it? Like you can't accidentally kill someone. We did connect but not from him intentionally hitting me. What is the correct wording to ensure I don't get charged?
No, because people don't make accidental written statements to the police. One option, however, is simply not to show up on the Court date and the matter would likely be dismissed.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Brisbane-Lawyer
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Category: Australia Law
Satisfied Customers: 14,361
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Customer reply replied 8 years ago

Alex

My husband has the mention on Wednesday and I want to get the charges dropped by then. The cost of him hiring a solicitor is impacting on me financially. I need to do this carefully.

He can apply for a Legal Aid to fund a lawyer for him.

Apart from that, perhaps the most cost effective way to handle this is simply to let it get to trial, and at trial he can call you as a witness, and you can tell the Court you were mistaken about what you said in the statement, and that you no longer believe that the contact was intentional.

Obviously if you can tell the DPP that beforehand, they may simply decide not to let the matter proceed to trial.
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Customer reply replied 8 years ago
I have told them in several letters and they still want me to change my statement. We have to put $2000 in a trust fund for this solicitor and he wouldn't qualify for Legal Aid. It is going to cost us a lot to just let the process run. Thanks for your help
Glad I could help.
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