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My daughter poured a drink into the lap of a man who said…

Hi - my daughter...

Hi - my daughter poured a drink into the lap of a man who said inappropriate things - they know each other well. He then proceeded to physically assaulted her (face with a weapon) and chest and stomach with fists and kick (he started before the drink content actually left her cup). There were sober witnesses. He has been charged with two counts of assault, including one with a blunt instrument. My daughter was also charged with common assault as due to the officer 'she wouldn't have got assaulted if she hadn't attempted to pour a drink in his lap'. Although the drink pour was not okay, it was in the context of gentle banter which he then escalated by saying inappropriate personal (sexual) things about my daughter in front of others (that led you to attempt to pour the drink). She is devasted as is suffering bad bruising and cuts from the physical assault (she did not touch him at all) and now has been made to feel responsible. The constables who visited her with the summons the next day laughed it off as a minor which she'd get diversion for (she has never been in any trouble) but this just feels so wrong. She proactively made the statement to police about the assault because it had happened before and she was scared - why would anyone report anything if they are then victimised? How do I best support her with legal advice? Her first appearance is in 4 days :(

Lawyer's Assistant: Does he have any upcoming court dates on the assault charges?

He had a first appearance a few days after the assault (last Friday), and has another in April

Lawyer's Assistant: In what state did the assault occur?

New Zealand

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

I think thats all?

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Answered in 1 minute by:
3/18/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,755
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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She can defend the case, but can also choose to take diversion instead, which will mean she will not get a conviction.

I don't know why the police have decided to prosecute her with the provocation from the inappropriate comments. It is technically an assault to pour a drink on someone, but very unusual for someone to be prosecuted. In the light of the assault on her, I don't think any judge would convict her of this offence particularly when the judge hears about the inappropriate comments. The issue will be whether she accepts diversion, or defends this so that she can show the provocation and the pettiness of the police in prosecuting. I would suggest that you get a lawyer to appear for her to go through these options and talk to the police to indicate that they will look silly if they go through this prosecution

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Customer reply replied 3 months ago
Thank you - who is good in Wellington (and generally available short notice) to do this. The constable hasn't provided us a copy of her statement and said we just need to speak to a duty solicitor on the day of her court appearance, but I don't think that will give her enough time (or them) to have the discussions above you suggest. My daughter is 19, a second year University student (ironically, studying criminology)

I would suggest Val Nisbet who you can phone on###-##-####or(###) ###-#### I think he is one of the most experienced lawyers in Wellington, and will know exactly how to deal with this so that she gets the best result

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Customer reply replied 3 months ago
Thank you

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,755
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
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