Not a very happy Xmas. Got some legal questions to ask...

Discussion in 'Mayberry Lounge' started by Marbig, Dec 25, 2012.

  1. Marbig

    Marbig Brown Belt

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    First of all, I'd just like to wish everyone who sees this Merry Christmas. Even though I myself am having a horrible time currently (reasons explained below), I do wish the rest of you sherdoggers enjoy the day with your special ones.

    Anyways this is what happened. I live in NSW, Australia if thats any help.

    Tonight, my older brother (20) and I (18) went out to dinner together to celebrate. We don't get on well with the rest of the family so it was just us. Before tonight, neither of us have been in a single street (or even a high school) fight although we are both amateur boxers in the novice ( under 10 bout ) category. We don't do drugs or anything so the fact that I have just been back from the police station still spooks me a little.

    In fact, it still feels a little wierd typing this out since we were still chatting and enjoying our steak and chips a little more than five hours ago. When my brother excused himself to go to the bathroom, the last thing I thought of was that he would get into an argument in there. But he did. Apparantly, he bumped into a young couple in the bathroom going at it near the sink (well the girl was sitting on the sink). The guy asked my brother what he was "staring" at when my brother came in. My brother decided to ignore him and headed for the urinals. The guy pulled out and followed. When he finally caught up with my brother, he (the guy was more than half-drunk) decided to insult my brother's "size". My brother, probably annoyed and maybe a little embarassed, told the man to "fuck off". The guy kept getting into my brother's face so my brother gave him a good push and flipped him the finger before going out of the bathroom. When he came back to our table, my brother told me that we should leave since there was a crazy nearby.

    And so we did. We were heading back to our car when we noticed the guy was still following us alongside another couple which must have been their friends. As I was reaching for my keys that group, who had been screaming insults all the while they were trying to walk us down, said something they shouldn't- a remark which hurted my brother since he had just broken up with his high school girlfriend two days ago. Before I could turn and stop him, he ran and hit the girl who offended him with a cross. As if it wasn't enough, he chained it up with a left hook for good measure. Time seemed to stop as the girl fell and held her jaw in shock. She tried opening her mouth (probably to insult him further) but couldn't- instead blood started flowing from her lips. The men (both of the males in the two couples) then started physically attacking my brother. I tried my best to seperate both sides from fighting (and got hit in the process) but not before my brother managed to land more shots to the initial guy's body. At that point, we saw the police running in. Just like a movie, we were told to put our hands on our heads and we were all handcuffed and taken to the station.

    I wasn't allowed to talk to my brother while we were there and we were asked questions seperately. After an hour or two, they said that the witnesses confirmed I wasn't directly involved so I was free to go home. Obviously, I was not charged. However, when I asked about my brother they told me that he was likely to be charged but they don't know for sure yet.

    I am very worried. What is the best/worst case scenario for him? The police told me that the girl's jaw was broken and the guy he hit had very visible bruises. The guy in question is also getting a scan down at the hospital now for any broken ribs/bones.
     
  2. Marbig

    Marbig Brown Belt

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    P.S. I can't sleep now since I still haven't heard back from him. I just called him but his phone was off- that means he's still in there isn't he?

    P.P.S. If possible, can we please skip the jokes? I realize Sherdog isn't the best place to ask for legal advice, but I can't really understand the jargon in the law and obviously any call centre/ legal advisor is closed at 11pm on Xmas.
     
  3. AncientEnemy

    AncientEnemy Emelianenko, Fedor Emelianenko

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    worst case scenario for him is he catches some horrible disease while in jail and it slowly eats at him from the inside, and doctors are unable to find a reason or cure, and he is pretty miserable as they can't administer any medical help while incarcerated. and also the disease he had was actually aliens and they popped out of his stomach right after he ate breakfast in the messhall, and it freaks all the other inmates out so bad they never eat again, and the whole place just dies and eventually the whole town and continent/island is quarantined and bombed. so that would be worst case scenario.
     
  4. Navi16**

    Navi16** Banned Banned

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    Jesus fucking christ what a story, The couples were being absolute douchebags but your brother was wrong and should have not attacked a chick, he broke the chicks jaw which is very wrong a horrible thing to do hit a chick but beat her damn. The guys deserved it tho. I think he will get charged with aggravated assault and he may have to serve some jail time for it but I hope it works well for you and your brother and Merry Christmas
     
  5. Tyrannosaurus rex

    Tyrannosaurus rex GrizzlyTitan

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    Those people were absolute dicks and I understand your brother. I would have wanted to punch those people as well.

    However, hitting people for any other reason than self defense is against the law I think and it was a very stupid thing to do for your brother.

    I don't know a lot about legal problems, but he could get charged with assault or something like that.
     
  6. MMAmouse

    MMAmouse Brown Belt

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    Well I don't know how they handle assaults on women in Australia but in the States if you break a girls jaw then you're going to get the book thrown at you.
     
  7. Marbig

    Marbig Brown Belt

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    How long will he be in jail for? Doesn't the guys following us and being verbally abusive count for anything to lessen my bro's crimes?
     
  8. AncientEnemy

    AncientEnemy Emelianenko, Fedor Emelianenko

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    so your brother could handle a man invading his personal space and making comments about his size and mouthing off but as soon as some girl says something he goes off and hits her? what did she say?
     
  9. burntbacon

    burntbacon Brown Belt

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    I know nothing of Aussie law, but it seems a lawyer might be a good idea. Do you have anything akin to our Miranda rights? To remain silent, have a lawyer, if you can't afford one, one will be provided for you, etc?
     
  10. Marbig

    Marbig Brown Belt

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    Something along the lines of him perving on her because he wasn't getting any. She then went on to say that no girls wanted unfaithful men, especially those who "enjoy staring" at people who were doing it. That is 100% bullshit since, well, ANYONE with two eyes would look if you were having sex in a public bathroom. Not because you are particularly pretty. Geez.

    This really rubbed him the wrong way cos his ex broke up with him thinking he was having an affair with another girl. She never really gave him a chance to explain why and well...it was my bro's first love and it was close to their fouth anniversary by the time it happened. So it hurted him, I guess.
     
  11. footgod

    footgod Black Belt

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    Talk to Ruprecht. He can get you started. He's a bright poster and well lives in your country. He already talked to the cops so its to late to make a good story. Get a lawyer and hope for the best man. I've been in this situation before involving fighting and sometimes you just have to hope everything works out. You need a lawyer to. They can change there mind and charge you to.
     
  12. PalharesIsHulk**

    PalharesIsHulk** Blue Belt

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    Shit where in NSW are you from?
     
  13. Marbig

    Marbig Brown Belt

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    I don't know. I guess I can try applying for legal aid on his behalf. I only know that we can remain silent after providing our name and our address during the questioning period should we wish. God, I HOPE HE REALIZES HE HAS THAT RIGHT.
     
  14. Marbig

    Marbig Brown Belt

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    Sydney. This happened close to the city centre.
     
  15. Navi16**

    Navi16** Banned Banned

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    It could lessen the time but if he gets jail time maybe a couple of months but get a lawyer it will help bigtime
     
  16. tkotom

    tkotom Fedor belt

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    Well your brother is a bloody idiot. He could have handled that situation much better. Boooo hoooo she said something that made him upset.. ugh.

    You could claim that you felt endangered since they were "walking you down" and you acted in your defense as the man had assaulted him earlier, unsuccessfully.

    Then again he had no need to start throwing haymakers, he knows the ramifications of such actions.

    Not that I disagree that the two people you guys assaulted deserved to be fixed up, wasting them both probably wasn't the best approach..

    Get a good lawyer and pray to Apollo that you don't get a prick of a judge.
     
  17. PalharesIsHulk**

    PalharesIsHulk** Blue Belt

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    Yea a few words don't warrant power shots...

    TS for the worst case scenario it seems like your brother could end up doing some time in prison.

    http://www.aussielegal.com.au/informationoutline~nocache~1~SubTopicDetailsID~950.htm
     
  18. tkotom

    tkotom Fedor belt

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    I know I say these words now but if I was in that situation which I have been in a few times here in the Melbourne CBD you want to act differently.. some real nutters around here.

    Always best to just boot as quick as possible and avoid them.
     
  19. PalharesIsHulk**

    PalharesIsHulk** Blue Belt

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    Yep a few months back at King's Cross there was a crazy bastard who went around clocking people in the face... One of his victims died.

    I always say the crazies come out at night.
     
  20. tkotom

    tkotom Fedor belt

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    king hit i bet

    worst... unconscious skull to the pavement..
     

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