4 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
Whether an Intensive Correction Order will be applied is dependant on the decision of the Court, and it will depend on the length of the gaol sentence (less than 2 years) and the percieved risk of re-offending. the ICO will include community service.
Ultimately the right think to do is plead the correct response - don't plead to "cheat" the system. If guilty then just plead guilty - he may get an ICO as a result. If he's not guilty then he's going to have to have faith in the system.
He will need a lawyer.
In addition to the above...
Don't know who has advised of the 8 mth term. If it's the police don't accept their advice.... The police are usually only interested in getting a quick easy conviction, not necessarily what's in your sons best interests...
You should only take advise from a criminal lawyer who will then be able to present to the court in a proper manner any mitigating circumstances that may exist around the assault, & your sons clean record...
Thank you for replying. All information is knowledge and helpful so much appreciation to you.
My son was sticking up for a guy who was being hassled by another guy. When he did this the guy then moved onto my son and told him to go outside the tavern. My son went, (which we all now wish he didn't). My son through the first punch and missed. the other guy then hit my son, causing a small cut to his eye. My son hit back and the guy landed on his head and got a brain bleed. He did not need surgery, thank goodness. He did get a fractured skull. My son was charged with GBH. The so-called victim has a record of aggression. It is on record that he was non-compliant while in hospital. There were issues with his behavior while in hospital. He actually discharged himself and has not attended any follow up medical appointments. Police have tried to get a statement but he never turns up. There are so many others things that need to be heard about this case. My son has no history of violence, He has no convictions. This is just a horrible situation. Is my son a danger to society - absolutely not. Will he re offend - absolutely not, has he learned a lesson - absolutely, he has. He has to plead and we have been informed if he pleads guilty he will get 8 months in jail. We need to have the whole case heard. It is not as black and white as it seems to be. He doesn't deserve jail. It will ruin him. He is a good kid and doesn't deserve a jail sentence. I'm not being biased, just honest. How can he avoid a jail term? If he pleads guilty is there negotiation of his sentence?
You know, I have taught my children to look after the underdog and he did but unfortunately, I should have taught him to forget egos/masculinity stereotypes and walk away from a fight.
Unfortunatley these things happen, and your son did make the mistake of going outside and throwing the first punch. Not the hallmark of a good samaritan. There would have been other options to diffuse the situation - still, too late now.
The police just want the matter resolved quickly and that's why you have the plea options provided (to them he appears guilty and want him to admit it and get the issue over and done with without tying up the legal system, and their own resources, further) but as posted above get a lawyer to work out what the real penalties and options will be.
I know it's a major issue but the ball is rolling now and the only thing that can be done is getting a good lawyer and following their advice. Easy to say but hard to do, try not to stress out too much and just deal with it. I can offer opinions that might comfort you but ultimately it's up to the judge and the presentation of the case by your lawyer.