Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I have a friend that is aboriginal, he had a few beers at a…

Customer Question
I have a friend...

I have a friend that is aboriginal, he had a few beers at a friends recently and decided to leave his motor bike there to walk home. On the way he was set upon by a couple of ice addicts who bashed him and stole his mobile phone and $750. He tried to get into a house that had lights on and found that the addicts were inside to retrieve his cash and phone, a fight developed and the addicts called the police, who charged him. His solicitor was in another court and he was represented by Legal Aid, a decision was made for him to reside with his mother somewhere in the country about 400Kl away. He has been forced to sell his motor bike to pay legal fees, move out of his flat, put his teenage son in the care of relatives because NSWPOL did not believe his story. Because of his treatment by the police he did not cooperate with them until he spoke to his solicitor. The police had apparently decided he was in the wrong and treated him terribly. Now he is miles from his legal representation and is not there for his son. His employer sacked him when he was charged with assault. His friends are flabbergasted by what has happened to him and I believe that he has strong grounds to sue NSWPOL and make a claim against them for the treatment and embarrassment and resultant loss of his residence, property and false imprisonment. Is this a matter that your office can handle. He is a respected member of the community and is a member of the National Service Re-enactment unit as is his son. Please advise Ray CARLIN

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

He was arrested, charged, imprisoned for a period and bailed to his parents home in the country he is in his 40's

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't give you times or dates but it is in the last couple of months

Submitted: 9 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 7 minutes by:
11/11/2017
Solicitor: John Melis, Lawyer replied 9 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,556
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

Ask Your Own Australia Law Question
Customer reply replied 9 months ago
I forgot to mention that the four persons involved in the attack on Brett were not charged. He has photographs of injuries sustained to him
Brett has two former AFP Detective Sergeants (members of VVPPAA Central Coast ), the President of Vietnam Veterans Peacekeepers and Peacemakers and former president of the Central Coast National Servicemens Association willing to provide character references for him
Solicitor: John Melis, Lawyer replied 9 months ago

The main issues in this case is when your friend entered the property where the perpetrators where act who stole his money and bashed him, by entering the property uninvited he was technically breaking the law through trespass and trespass pass to person with the issue of assault.

A wrong was committed to your friend to begin with, and in such circumstance the reasonable approach by him was not to enter the property of the addicts but call the police.

However, saying this, if the court failed to take the initial incident fact into account, this would be sufficient grounds for appeal in relation to the sentence that was imposed by the court.

Have you considered this option ?

Ask Your Own Australia Law Question
Customer reply replied 9 months ago
I might add that the first thing a Detective learns is not to accept things at face value, I believe the NSW police officers are guilty of thisOh yes, and I forgot to mention he was sprayed with Capsicum SprayWhat about Citizens Arrest Rights, and entering a premises to catch an offender where an offence had actually occurred, namely the assault and theft of his property
Solicitor: John Melis, Lawyer replied 9 months ago

Where a person enters private property without authority this will constitute trespass.

Citizen arrest would not apply in your friends situation on the grounds of reasonableness to the circumstance.

I have extended a special offer to talk with you by telephone if you prefer ?

Ask Your Own Australia Law Question
Customer reply replied 9 months ago
I'll talk to Brett and see if he wishes to speak to you
regardsRay
Solicitor: John Melis, Lawyer replied 9 months ago

ok

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,556 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
If my SOn is put into the paddy wagon intoxicated and the
If my SOn is put into the paddy wagon intoxicated and the police will not let me in until they do the process even though he is intoxicated … read more
John Melis
John Melis
Lawyer
3,556 satisfied customers
I am just wondering what the limitations on time for someone
Hi I am just wondering what the limitations on time for someone to be charged in Qld. There was a claim maid on a motorbike and the bike was stolen by a family member. The claim was never paid as the … read more
John Melis
John Melis
Lawyer
3,556 satisfied customers
We need a Pro bono lawyer that wil help save our innocent
we need a Pro bono lawyer that wil help save our innocent son form malicious slandering --re he is supposed tohave indecent dealing with his own daughter … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My son is awaiting sentencing on Albany prison who refused
my son is awaiting sentencing on Albany prison who refused to give a sample of his urine as he cant pee when the guards are around him has suddenly been set up with bashing someone in prison he is dev… read more
John Melis
John Melis
Lawyer
3,556 satisfied customers
8, I am a member of a Aboriginal corporation. The directors
I am a member of a Aboriginal corporation. The directors of this corporation have taken it upon themselves to write and sign a letter to say that i am barred from the community as well as my husband and eldest son. What legal right do I have? My mother was born on this land, she is registered has one of the native title holders. For the country. Also does native title override the aboriginal land trust. These directors are only directors of a corporation and have involved the police in this matter. Admittedly my son hit a vehicle this vehicle does not belong to any member of the community and he will be going to court soon for this matter I have done nothing to anyone on the community and also my husband has done nothing. In the letter it talks about ongoing issues no explanation whatsoever to what he issues are. My name is***** , I live and work in doomadgee but was born and partly raised at Gregory downs the place of this issue. It is an aboriginal community at Gregory downs. I am in queensland postcode 4830 Regards Rhonda … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Last month i made a statement to police about my ex partner
hi last month i made a statement to police about my ex partner and his girlfriend whilst there was an altercation between myself and his girlfriend it did not cause me any harm I was heavily under the… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I am inquiring for my 28 year old son who while on a holiday
I am inquiring for my 28 year old son who while on a holiday in Port Lincoln a few weeks ago had too many beers and got into an argument with his girlfriend and in the heat of the moment grabbed her b… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I m a New Zealand citizen with PR and are in the process of
Hi I m a New Zealand citizen with PR and are in the process of getting citizenship(passed the test,everything is okay just waiting on police clearance from thai as lived there 4 years over 10 years ag… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
hello employed a large company to carry a Pecie of machinery
hello employed a large company to carry a Pecie of machinery , and , they have stalled in delivering the freight ,and not likely to deliver freight and i woudld like to retreive freight from his yard … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I want to take my son out of my will. Can this be done. He
I want to take my son out of my will. Can this be done. He is a drug addict and alcoholic and has spent the past 11 years going in and out of prison over robberies. bashings and breakins. Any money he… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My partner and I both have had issues with drugs in the past,
My partner and I both have had issues with drugs in the past, but we have since grown up and addressed the problem by flying to Perth and having implants that has allowed us to have the time drug free… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi could you please help me my son has just been unfairly dismissed
Hi could you please help me my son has just been unfairly dismissed from his position as ceo in an aboriginal health organisation the chair person who has a drug problum and is a dealer to the young p… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi, thank you for your time. We (family) have a Peace and Good
Hi, thank you for your time. We (family) have a Peace and Good Behaviour Order against a neighbor who has bashed one of the older family members (he is 22) who is intellectually challenged. This perso… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My son has received a letter of demand from a solicitor for
My son has received a letter of demand from a solicitor for $2000. In the letter the solicitor states "our client was charged by the police in relation to the matter of wilful damage ........ where ou… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
HI, I have a problem with angry neighbours. Last Tuesday night
HI, I have a problem with angry neighbours. Last Tuesday night around 7.45pm my front door was bashed open and to my horror stood a very angry swearing next door neighbour. When I asked him what was t… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
my son crashed his friends dads motorbike in the local neighbourhood.
my son crashed his friend's dad's motorbike in the local neighbourhood. The bike and my son were the only things damaged. The owner does not wish to prosecute as long as we pay for repairs - which of … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hey my name is Ian My son david was involved in a car accident
Hey my name is Ian My son david was involved in a car accident on 17/11/09 in the perth merto area he was in the right hand line then indecated to turn right into the next tunring line he was almost s… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
A friend of mine was charged with break and enter, posess implement
A friend of mine was charged with break and enter, posess implement and escape police custody. He pleaded guilty to those charges but not yet sentenced. The other day at court the PP brought up anothe… read more
Kenneth Hunt
Kenneth Hunt
Principal Solicitor and Migration Agent
Master's Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x