hissandhum wrote:Good Morning,
Hope you're all getting off to a cracking start to your week. You can skip the next paragraph if you don't want details.
As for me, I'm looking down the barrel of an assault charge. A man came onto the train, wasted, and started spitting everywhere. I walked up to him to confront him about his behaviour, he raised his hands, so I raised mine held his hands so he wouldn't swing and pushed him down into his seat until the next stop. He broke free and went to the next carriage (easy to do on Melbourne trains) so I followed him to ensure he got off by pushing him out the doors. He didn't fall, he was uninjured and I waited for the police who were down the other end of the platform because I assumed that they would be thanking me. Unfortunately, a senior policeman decided that the fact that I followed him into the next carriage constituted Unlawful Assault, and despite the gentle protests of his subordinates, I'm off to court next month.
IN SHORT.
I was planning on applying for my A/B licence here in Victoria, but now I have Unlawful Assault charges pending, I am assuming that it is going to get in the way of a smooth application process.
My options are:
1. Push for a diversion, plead guilty (arrghhh) and get 'not recorded'. But I think you still have to say if you plead guilty to any charges on the application.
2. Fight it and risk being charged with Unlawful Assault.
My question is, how would either of these affect my chances of getting an A/B in Vicco?
I have no other criminal charges, and no history of violence at all. I'm in my thirties.
HH
hissandhum wrote:Excellent advice. One thing I won't do is plead guilty to just go through with it, I'm figuring out what the smart footy is here though and there seems to be a third option:
I just spent some time on the phone with the prosecuting officer and he's going to run me through a diversion program that will have me as convicted, but not recorded. He's specifically said it won't show up on police checks, and will not inhibit my abilities to get an A/B. So that is tempting. As far as the other guy goes, I think he's getting charged with something to do with his behaviour, yes. Honestly, the guy is a huge pain. He didn't get harmed, and walked onto a train, wasted, spitting, swearing round kids and being generally hideous. He's an entitled little prick that thinks his 'rights' have been violated. If I'd walked onto a train in that state and started spitting, I'd kick my own arse. I'm sure he was taught in his gender studies class that my 'toxic masculinity' needs to be addressed, he's that type of dude. The cop I've been speaking to has apologised multiple times and recognises the lack of common sense being applied. So the diversion seems like an option that guarantees a good outcome, where as fighting it means there is a risk.
I just want to say, I've had a poke around the message board here and I can't wait to make some noob contributions and interact, it's an amazing source of information.
Thanks a million guys.
bentaz wrote:WatchyShooter wrote:Just going to add that almost anything can be used to claim your not a fit and proper person, I almost didn’t get my A/B & H due to cannabis possession the day of my 18th, that was over 6 years ago.
Took an extra 4 months and multiple emails and letters to FAR basically pleading with them to not let the mistakes of a young idiot screw up a young mans chances of being licensed.
As others have said, I’d fight it, if other officers present seemed to not agree with the officer who charged you I’d fight it tooth and nail and get them involved, they are bound under oath to express their opinion and from the sounds of it you might have a good chance of their opinion siding with you.
Officers have been known to “overenforce” laws, and they get the book thrown at them when they do if someone makes a stink about it.
Worst thing you can do and what they expect you to do is roll over and take it, don’t do that.
Ive got a mate in his late 30's who did so dumb s**t when he was young, got charged for a little bit of weed and an unregistered slug gun in his early 20's. He got knocked back for his A/B licence last year on the basis of drugs and firearms convictions, i helped him write to the chief commissioner to appeal it and now hes good to go, just took an extra month, they'll try to knock you back for any reason they can, don't take no for an answer!
WatchyShooter wrote:Sounds like you got an officer with common sense who’s going to help get you into the diversion to avoid any future issues, if you’ve got that option I’d say take that, fighting it can end up recording on your record and takes time, it’s not quite the outcome that you’d want but at least it shouldn’t affect your application.
This forum is the best out of the few I’ve found , very active and very helpful!
RoginaJack wrote:Have you had a talk with "Legal Aid"? A chat should not cost anything.
Gwion wrote:RoginaJack wrote:Have you had a talk with "Legal Aid"? A chat should not cost anything.
And they'll tell you to take the diversion but, by all means, have the conversation.
A prosecution in court for a 'simple cannabis offences' can only be commenced after the person has been given an expiation notice [Controlled Substances Act 1984 s 45A(2)]. In the event that a summons is issued instead, then the court hearing should be adjourned to enable the Police to give the person the opportunity of being served with an expiation notice and expiating the offence. This is desirable as, if the matter is expiated, no criminal record results.
Tiger650 wrote:Legal Aid in Victoria are extremely left, mention a firearms licence application to them and they may well misrepresent you, the ends justify the means with leftists.
stomit85 wrote:That’ll be a real shame for me if that’s the case. I was kind of hoping it’s standard practise to query everyone who has had a court appearance.