2 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
Your son needs to be represented by a solicitor. We provide a lawyer referral service and can put him in touch with an experienced solicitor we recommend in the area in which he lives.
The decision to charge your son with a criminal offence is made by the police but thereafter the case is prosecuted by the lawyers from the Office of the Director of Public Prosecutions. The police will supply to them a brief containing all the evidence they have obtained and this evidence will be reviewed by a lawyer who may require the police to further investigate and provide more evidence.
You do not say what charge your son is facing or what state he lives in but the case is likely to be tried in the District/Crown court before a Judge and Jury. The standard of proof is very high. A jury would have to be satisfied beyond a reasonable doubt that your son caused the injuries suffered by your granddaughter. It seems unlikely that they would be able to reach that conclusion if the medical evidence is contradictory. There are strict guidelines about the dangers of relying solely on the evidence of very young witnesses. Once your son appears in court, the court will make an order for service of the brief of evidence on the solicitor representing your son who will be able to advise on his prospects once the evidence is received.
In the event that the evidence upon which your son has been charged is inadequate and he is acquitted, he may have a claim for damages for malicious prosecution but he will need to seek legal advice on this. Aussielegal
Firstly and most importantly if questions by Police your son should exercise his right to remain silent and not say anything to police – this is absolutely essential. He only has to give his name and address and then provide no further comment.
A 6 year old can give evidence, however this is a complex evidentiary issue of competence and eligibility of witnesses – and cannot be answered easily, but the short answer is probably not.
Your son can be charged but the probability of a conviction at Court is somewhat questionable.
This is a very complex issue and we suggest that you obtain some legal advice.
We are a law firm based in Sydney, NSW. Please contact Martin Ricci on 0416 161 624 if you would like advice.
This reply should not be taken to be legal advice and should not be relied on in any way.