geordiekev Posted April 30, 2015 Share Posted April 30, 2015 Hi I am due in court after being charged with ABH next month. I plead not guilty at the hearing and now realise not only can i not afford the extortionate lawyer fees , but that because my wife is out of the country at the time of the trial and i have no other witnesses to back up my side that even with a lawyer i am probably going to be found guilty. What im wondering is has anybody been charged with a similar offence whilst on a 457 visa and what was the outcome .. and wether i should walk in and plead guilty or attempt to represent myself even if it wouldnt effect the verdict ? Link to comment Share on other sites More sharing options...
TerryDXB Posted April 30, 2015 Share Posted April 30, 2015 You are innocent until proved guilty. Was somebody hurt/damaged/put in hospital because of your actions? In short, did you cause ABH? Yes or No? If the answer is Yes, then you are guilty? If the answer is No, then plead not guilty - just don't lie about it I don't know what the outcome will be, but if you are thinking about extending to another 457 (if you haven't already) or moving to PR, then a guilty verdict won't help. Link to comment Share on other sites More sharing options...
geordiekev Posted April 30, 2015 Author Share Posted April 30, 2015 They (supposed victim and 2 witnesses) are claiming that i punched the victim and caused a bust lip .. which i didnt. but in one of their statements it is stated that they seen another man grab throw to the ground and land punches .. BUT it was me shortly after that caused the injuries with a punch. I am not bothered about paying court costs and compo as long as it doesnt get our visa cancelled and will face the bridge of PR when it comes .. but im not sure how i can honestly represent myself in court with no idea of how it all works etc , so am i best off just pleading guilty ? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted April 30, 2015 Share Posted April 30, 2015 They (supposed victim and 2 witnesses) are claiming that i punched the victim and caused a bust lip .. which i didnt. but in one of their statements it is stated that they seen another man grab throw to the ground and land punches .. BUT it was me shortly after that caused the injuries with a punch. I am not bothered about paying court costs and compo as long as it doesnt get our visa cancelled and will face the bridge of PR when it comes .. but im not sure how i can honestly represent myself in court with no idea of how it all works etc , so am i best off just pleading guilty ? If you are thinking along the lines of PR later you cannot afford not to get a Solicitor! You need proper help. Link to comment Share on other sites More sharing options...
Bungo Posted April 30, 2015 Share Posted April 30, 2015 They (supposed victim and 2 witnesses) are claiming that i punched the victim and caused a bust lip .. which i didnt. but in one of their statements it is stated that they seen another man grab throw to the ground and land punches .. BUT it was me shortly after that caused the injuries with a punch. I am not bothered about paying court costs and compo as long as it doesnt get our visa cancelled and will face the bridge of PR when it comes .. but im not sure how i can honestly represent myself in court with no idea of how it all works etc , so am i best off just pleading guilty ? I think you and your wife are not treating this seriously enough. You won't pay for a lawyer but have no idea how to represent yourself? Your wife is your only witness but she is not even going to bother herself to get to the court? If my husband was in court in similar circumstances there is NOTHING on this earth that would prevent me from being there. Your visa is not your immediate issue here. Get your wife here, get yourself a lawyer and deal with the court case properly. Being found guilty of ABH on Australian soil is never going to go down well with immigration. Link to comment Share on other sites More sharing options...
geordiekev Posted April 30, 2015 Author Share Posted April 30, 2015 my wife is in the UK at the time of the trial theres nothing we can do about that .. i forgot to add that the morning after this incident the 2 indigenous fellas and about 3/4 of their mates broke our electric fence , gained access to our property and smashed or card and the house to bits while i only just managed to stop them entering our home .. that was originally why no body would speak to the police worried that they were capable of doing the same to them Link to comment Share on other sites More sharing options...
Quinkla Posted April 30, 2015 Share Posted April 30, 2015 Hi Geordiekev. It sounds as though it is not just your future visas that are in jeopardy but also your current ones. You are potentially looking at deportation. You have three options: (1) resign yourself to leaving Australia within a couple of months; (2) cross your fingers and hope for the best; or (3) talk to an immigration lawyer and a solicitor. I have seen cases in a magistrate's court and it counts for a lot to have supporting statements from employers (i.e. they have fessed up to the employer who is standing by them), family being present in court on the day, friends and such like. If your wife is going to be in the UK and cannot avoid it (one has to ask why?), then you would do well to have a lawyer finding reasons to ask for an adjournment to give your wife a chance to return. Even the act of being represented in court would be seen as positive as it would show you are willing to invest money to resolve the situation. And if you are pleading guilty, you need to sound sorry and get your lawyer to argue for a disposal that will cause you least harm with immigration. Mentioning "indigenous fellas" and criticising your victim is not going to play well in court or with immigration. I am not a lawyer, but it is possible that you are on deep sh1t right now and you need paid professional advice. Link to comment Share on other sites More sharing options...
Sammy1 Posted April 30, 2015 Share Posted April 30, 2015 If your wife was a witness then she needs to attend the court as one. It will look strange if she does not and it will not help your case. Link to comment Share on other sites More sharing options...
Bungo Posted April 30, 2015 Share Posted April 30, 2015 my wife is in the UK at the time of the trial theres nothing we can do about that .. i forgot to add that the morning after this incident the 2 indigenous fellas and about 3/4 of their mates broke our electric fence , gained access to our property and smashed or card and the house to bits while i only just managed to stop them entering our home .. that was originally why no body would speak to the police worried that they were capable of doing the same to them Why can she not do something about being in the UK? There are still flights running are there not. I will say it again, there is NOTHING that would stop me from being there, perhaps other than being in full body plaster and every airline in the world refusing to take me. And I can only repeat my earlier response to be honest, that the pair of you are just not taking this seriously. Courts will tread carefully with indigenous and you are going in with no legal representation, no witnesses and no support. Wake up. Link to comment Share on other sites More sharing options...
Killara Posted April 30, 2015 Share Posted April 30, 2015 Have you tried asking the court to adjourn the trial as your wife is an essential defence witness? You really should consult a solicitor. If you cannot afford a solicitor, try contacting legal aid in your State or a community legal centre near you. You may get some assistance there even if they do not take on your case and appear for you at trial. They can guide you about what you should be doing when representing yourself. Bring along whatever documents you have received from the police. What you should not be doing is asking people on a public forum who know nothing about you or the circumstances of the alleged offending whether you should plead guilty. Please don't post a reply to this post with further questions about your case or what you should do; I certainly will not reply. For the very reason that I have mentioned in this post, it is not possible for me or anyone else on this forum to sensibly advise you about your case or what you should do. This post is not legal advice. It is simply a recommendation that you go and obtain legal advice in person from a solicitor. Link to comment Share on other sites More sharing options...
Jacaranda Posted April 30, 2015 Share Posted April 30, 2015 Maybe the wife has chosen not to attend court for a good reason.I'm not sure of the details of your case,but in hindsight?You should of just walked away!Not helpful advice I know but seriously?If you truly valued your life in Oz,that would of been the best option. Link to comment Share on other sites More sharing options...
Jacaranda Posted April 30, 2015 Share Posted April 30, 2015 Good post Killara! Link to comment Share on other sites More sharing options...
CaptainR Posted April 30, 2015 Share Posted April 30, 2015 Read the post of Killara, it's the best free advice you will get on this forum in your circumstances. Good luck. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 30, 2015 Share Posted April 30, 2015 You need criminal legal advice and migration advice and urgently. ABH is a serious offence that can carry a custodial sentance. It can also jeapodise your visa. Link to comment Share on other sites More sharing options...
akiralx Posted April 30, 2015 Share Posted April 30, 2015 Request that the case be postponed as an essential witness is not available. There must be a system of duty solicitors for defendants who cannot afford representation. Anyone who represents themselves has a fool for a client, so the old legal saying goes... Link to comment Share on other sites More sharing options...
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