Domestic Violence: Support payments
A client was falsely accused of stalking his ex-partner. A few weeks later, he was accused by his ex-partner’s daughter (a child) of threatening to kill one of her pets. Then, about a month later, his ex-partner’s son (a child) made a complaint to the police relating to damaging property. The latter two allegations were historical but less than 2 years old.
No charges or convictions resulted from the complaints.
Based on my reading of the eligibility requirements, my client’s ex-partner was eligible to receive up to $15,000 in financial support from the NSW Government.
Not only did my client’s ex-partner threaten his freedom, but she also wasted police resources and had a strong incentive to do so.
Who pays your legal costs when the NSW Police withdraw all the charges? Hint: It's probably not the NSW Police (NSW Government).
https://t.co/Tk0veRKRUF
Body-worn cameras are essential to building and maintaining trust in NSW Police. It is beyond belief that it took a Four Corners report on police brutality for a policy change to even be considered. Any change must include the use of body-worn cameras by detectives not in uniform. #NSWPolice #NSWCourts
I sincerely hope the use of body-worn cameras will become compulsory in NSW when the police exercise a power or use force. Body-worn cameras protect everyone, including the police who use them. https://t.co/EVoDjKe0kC
The best strategies for defending a summary hearing involve considerations of proof, reliability and credibility. If your only defence is hope that the victim or other witnesses won't attend court, you need to have a plan "B" and "C" ready to go. Thoroughness and attention to detail are more likely to yield a good result.
In my experience, the less honest a witness is, the less likely they are to attend court to give evidence. Unfortunately, this means many innocent people rot in jail until the hearing date, only for the charge to be withdrawn when the witness doesn't attend.
NSW Police's efforts to move towards electronic service of briefs should be applauded. When fully implemented, it will save a great deal of time, effort and money, and hopefully improve the finalisation rate of matters in the Local Court. #NSWPolice#localcourt#Service#Evidence #NSWCourts
"Make sure you sit in the chair nearest the door" was the last comment the Correctional Services Officer made to me before I walked into the room for a client conference at the jail. It was a kind and sensible reminder that all jobs come with real risks and dangers. #jailvisits #OHS #correctionalservices #NSW
I'm frequently asked what happens when a witness doesn't attend the Local Court to give evidence. To put it simply, the judge has the power to have the witness arrested and brought to the court. However, in practice, it is quite uncommon. #warrants#Subpoena#arrest#localcourt For a more detailed discussion, read: Subpoenas in the Local Court. Do I have to attend court? https://t.co/Ssv8sfKqnk
I've just heard that Correctional Services officers in NSW have gone on strike. I'm not sure what this will mean for anyone held in custody.
I hope release/bail applications can go ahead. Otherwise, a lot of people are going to be held in custody for no other reason than their applications can't be heard.
#strike #nsw
I was just asked how to find a good criminal lawyer. This was my response:
"Look locally, look for someone who specialises in criminal law, avoid relying on search engine results, and if you know any solicitors (civil, wills, family, etc), ask them who they would call if they or someone they knew were in trouble."
@AUaussieF Look locally, look for someone who specialises in criminal law, avoid search engine results, and if you know any solicitors (civil, wills, family, etc), ask them who they would call if they or someone they knew were in trouble.