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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My son was involved in an altercation on the weekend where

Customer Question

My son was involved in an altercation on the weekend where he was hit in the face. On Saturday morning we went & made a statement to police with what he could remember had happened. later that day a police constable came to home & advised that upon viewing cctv footage that whist they had been arguing that he had raised his fist first so therefore they both are at fault & no charges would be laid. Hamish does not remember raising his fist at all, and knowing that there would be footage I am sure he wouldn't have gone down a path of making a statement if he new he had done this. Can we ask to view the footage 1 - to help Hamish to remember & 2 - to put our minds at rest that this actually happened how the constable says it did. Hamish now has to go to court for a public nuisance offence even though he was never arrested, is that how it works ? It all seems a bit odd is all
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: qld
JA: Has anything been filed or reported?
Customer: by us ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: don't think so
Submitted: 11 months ago.
Category: Australia Law
Expert:  John Melis replied 11 months ago.

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Expert:  John Melis replied 11 months ago.

thye CCTV footage will be most likely private property and access will be restricted unless consent is provided by the owner of the footage.

has your son prepared for hearing yet ?

Customer: replied 11 months ago.
My son has only to appear in court for public nuisance disorderly
if he was not arrested should he have to go to court
Expert:  John Melis replied 11 months ago.

yes needs to appear to present himself and also defend against the action or the penalties that could be raised.

there are defenses that can be raised.

have you considered this yet ?

Customer: replied 11 months ago.
No haven't considered anything
Still trying to understand why he has to go to court for such a minor charge when he usually would have just received a fine
Expert:  John Melis replied 11 months ago.

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.