What justice?

[4VCLEVO]

Some coloured brats through a rock at my XR6 as I was driving down a hiway. I rang the cops straight away and they told me that the spot I got hit was a common spot and there was not much they could do about it as the kids run into the bush when they see the cops and are never court.
I was so angry at the situation that I thought about chassing the kids down myself and getting some justus, but common sence pravalied and the fear of me being prosicuted stoped me from doing anything.

[burnz]

it's a shame you dont live in nsw in this instance.
the little boy would be charged with attempted murder. (under nsw law)

[mr smith]

Glad the parents came to the party.
The big difference now is the way parents back up their clown kids, apple doesn't fall far from the tree.
If I came home from doing something wrong and had copped a flogging or had a run in with the cops my dad would dish me out another one. Then I would be made to apologise and remedy the situation.
The respect shown to the other party by your own parents was the key to being respectful in your own life, I see this and not alcohol, drugs etc as todays major problem.

[Yaw]

Problem in these cases is even if the brat is charged with the rock, you will never find out his name or address unless the brat tells you himself. As a minor any court documents and proceedings are sealed. even under freedom of information the documents would be deidentified. The police cannot disclose that info to you either.

[platinumXR]

Originally Posted by burnz

it's a shame you dont live in nsw in this instance.
the little boy would be charged with attempted murder. (under nsw law)

Malicious Damage at the worst.

[Yaw]

Originally Posted by XA-Coupe

used due force to restrain .. please

sorry to be a wet blanket, but that translates to Depravation of liberty

[4Vman]

Originally Posted by stevepet

As stated my clip was only in self defence. The kid was crying when i spoke to him hope he has leant his lesson.

Just playing devils advoctae mate, as XAcoupe has shown, how you approach that topic will make or break your defense....

[platinumXR]

Originally Posted by Yaw

sorry to be a wet blanket, but that translates to Depravation of liberty

Kinda...he can claim restraint whilst waiting for police...but the original offence is hardly (as a Mal Dam) a solid justification.

[Burnout]

Originally Posted by stevepet

Funniest thing just happened. Got a phone call from the kid and his dad. Full apology and offer to pay for damage. Don't know what happened but sounds OK.

If you accept this apology you are preventing any action by you over the cause of your assault upon the 16y old, ie the rock throwing by the child. And yes you assaulted him, so you should cop a 'guilty plea' on that one.

If you have not accepted an apology form the child and parent/guardian you can take action privately through the courts for injury, pain suffering & injury etc.. This is you only redress against an offense such as this where the police refuse to prosecute.

You have an excellent case here due to all the publicity due to these rock throwing youths. Get legal advise, tomorrow!

[TOM-CAT]

Originally Posted by stevepet

Funniest thing just happened. Got a phone call from the kid and his dad. Full apology and offer to pay for damage. Don't know what happened but sounds OK.

Good to hear that the parents are not drop kicks, and hopefully that kid wont do it again. Hope all ends well =]

[burnz]

Originally Posted by platinumXR

Malicious Damage at the worst.

if nowone was in the car.

when soneone is in the car the police "must" charge for attepmted murder.
the law was changed after this incedent in 2007
http://www.abc.net.au/news/stories/2...20/2038720.htm

[CAMS290]

There have been instances of poor innocent people dying from this sort of behaviour, if I happened to catch someone that had done this to me I would give them an absolute flogging.

"Gee officer, he must of fallen on his face while I was chasing him"

[platinumXR]

Originally Posted by burnz

if nowone was in the car.

when soneone is in the car the police "must" charge for attepmted murder.
the law was changed after this incedent in 2007
http://www.abc.net.au/news/stories/2...20/2038720.htm

I know what you are saying and there's legislation there...but...that's mainly for overpass throwers. The D's would not charge in this case as it hit the side window. If they did the CPS would not take it on.

[XA-Coupe]

Originally Posted by Yaw

sorry to be a wet blanket, but that translates to Depravation of liberty

only if you are wrong.... how are you meant to hold someone for a serious offence until the police arrive ..good wishes?

[GK351]

i would of clobberd his Dad

[burnz]

Originally Posted by platinumXR

I know what you are saying and there's legislation there...but...that's mainly for overpass throwers. The D's would not charge in this case as it hit the side window. If they did the CPS would not take it on.

of course, yell at your missus and the police must charge you with assult to the missus.
which woud probably not go to court, self bail.

but a night in the lockup for these little so and so's my do some good.

[platinumXR]

Originally Posted by burnz

if nowone was in the car.

when soneone is in the car the police "must" charge for attepmted murder.
the law was changed after this incedent in 2007
http://www.abc.net.au/news/stories/2...20/2038720.htm

Under these it would get up, maybe:

Source: http://www.lawlink.nsw.gov.au/lawlin...ion_introduced


Legislation introduced to punish rock throwers
Issued: Wednesday 7 May 2008
Anyone who throws a rock at a vehicle will face up to five years in prison under new legislation being introduced into NSW Parliament today.

Attorney General John Hatzistergos said the legislation aimed to stamp out the dangerous and cowardly practice of rock throwing.

“It will become a crime to throw or drop an object on a vehicle, regardless of whether it strikes,” Mr Hatzistergos said.

“The offence will apply to any person who intentionally throws an object at moving or stationary vehicles, trains, trams, vessels, bicycles, animals being ridden or vehicles drawn by animals.

“It will not have to be proved the accused was aware their conduct risked the safety of any person, or that the object made contact.”

Mr Hatzistergos called on the Opposition to support this important legislation.

“We are safeguarding the community from a reckless act that can have devastating consequences and hope the Opposition will support our tough new offence targeting rock throwers,” Mr Hatzistergos said.

The new legislation would complement existing penalties for rock throwing including:

Malicious damage, which carries a sentence of up to five years in prison;
Malicious damage with intent to cause bodily injury, which carries up to seven years in prison;
Affray which carried a sentence of 10 years in prison; and
Malicious damage with intent to endanger life, which carries a penalty of up to 25 years in prison.

In addition, rock throwers who cause serious injury to their victims can already be charged with recklessly inflicting grievous bodily harm.

“The Iemma Government is committed to protecting the public from the idiotic behaviour of rock throwing,” Mr Hatzistergos said.

[Yaw]

Originally Posted by XA-Coupe

only if you are wrong.... how are you meant to hold someone for a serious offence until the police arrive ..good wishes?

By showing them identification (your own personal id) and placing them under citizens arrest, then if they do flee, they can be charged with escaping lawful custody.

I don't agree with it, but to the best of my knowledge that is what is required by law.

[bingoTE50]

Geez ...all this advice...mate I would contact the kids dad and ask to come around and speak to the kid,show him your ride ,and explain why you were upset, accept the apologies and the offer of them covering the cost, and you actually may turn a negative in to a positive and make a few extra friends.
My son is 16 ,and all this talk about the misguided youth is crap.Try talking to these kids . Many of you do not realise that these kids are intimidated by older guys, try saying g'day to them,you might be surprised by them if you give them some time.
Remember when you were 16 and at a mates house,you would not say boo to his old man ,things are still the same.......unless you talk to them...

[platinumXR]

Originally Posted by bingoTE50

Geez ...all this advice...mate I would contact the kids dad and ask to come around and speak to the kid,show him your ride ,and explain why you were upset, accept the apologies and the offer of them covering the cost, and you actually may turn a negative in to a positive and make a few extra friends.
My son is 16 ,and all this talk about the misguided youth is crap.Try talking to these kids . Many of you do not realise that these kids are intimidated by older guys, try saying g'day to them,you might be surprised by them if you give them some time.
Remember when you were 16 and at a mates house,you would not say boo to his old man ,things are still the same.......unless you talk to them...

Yeah that's what I was getting at up the top there.

[OLDFORDNUT]

Originally Posted by Teflon Turbo

i don't think you can (or should rather) touch other people's kids under any circumstances, especially over something so trivial, perhaps you should have called the cops earlier instead of engaging in a pre-meditated (15 minutes passed) act of violence on a minor.

if you could find them, cops would have found them and you would be taken the legal action out on them, rather then them on you.

Garbage.to both your points.
first,what if it had been his windscreen or kids sitting in back seat,
second,cops do not bother and if they did the kids would not do this dangerouse stuff through fear of being caught. lucky if the Police would even bother attending in Queensland.

[Burnout]

There is a general provision under statute where you can lawfully restrain a person who is about to, is in the act of or has committed an offense.

This is what the Americans refer to as a "citizens arrest".

The act of restraint of a person is generally at law a 'deprivation of liberty', the law also provides that you must 'use no more force than is reasonable or necessary' in such restraint. Interestingly it is the judicial authority who decides what force is 'reasonable or necessary' on a case by case basis after the event.

Another interesting item to 'take home with you' is this; as a person commits an offense they have more statute rights at law than the average person in the community.

[platinumXR]

Originally Posted by Yaw

lawful custody

Only relevant to police etc.

[Wally]

Originally Posted by stevepet

Funniest thing just happened. Got a phone call from the kid and his dad. Full apology and offer to pay for damage. Don't know what happened but sounds OK.

Good on his dad. Maybe you can show how mature men should behave when he turns up, it would be a good lesson to the boy.

Prior to you posting that, I would have advised full force damages suit. If there's one thing I've learned from running a business, is a take no prisoners maximum frontal assault via the courts ends in an early resolution.

[Airmon]

Originally Posted by Teflon Turbo

i don't think you can (or should rather) touch other people's kids under any circumstances, especially over something so trivial, perhaps you should have called the cops earlier instead of engaging in a pre-meditated (15 minutes passed) act of violence on a minor.

if you could find them, cops would have found them and you would be taken the legal action out on them, rather then them on you.

16 year olds throwing rocks at moving cars that are big enough or with enough effort to shatter glass is trivial?
Go give you rear window a good hit with your fist and see what kind of force that can take.
Imagine the "what ifs" going through the OPs head when it happened.
And 'Country Vic", depending on where it could take near on an hour for the police to arrive.

[BHDOGS]

Working in security as i do id say the correct course of action would be to give him a good beating then flee the scence and fix your window as every time ive called the cops for any reasons from assaults to people hurling abuse because there drunk nothing ever comes of it and even if it does they just get a slap on a wrist there just lucky my uniform is protecting them.

[Falc'man]

Originally Posted by Teflon Turbo

i don't think you can (or should rather) touch other people's kids under any circumstances, especially over something so trivial, perhaps you should have called the cops earlier instead of engaging in a pre-meditated (15 minutes passed) act of violence on a minor.

if you could find them, cops would have found them and you would be taken the legal action out on them, rather then them on you.

You can't be any wrongerer than that mate. Poor form. Poor form.

[atec77]

Originally Posted by Yaw

sorry to be a wet blanket, but that translates to Depravation of liberty

In Qld it's allowed under certain conditions most of which were met so ferpectly legal under the individuals right to arrest

[Pinch]

There is nothing trivial about rock throwing at cars. It is attempted murder and good on our Attorney General (in NSW) for at least amending the statutes accordingly - despite anything our learned judiciary may choose to do with it.

I probably wouldn't have gone the clip over the ear as ANY criminal charge for me is a career over with a mortgage to still pay. And with the offender having all the rights as someone said above it is almost always just not worth it.

I got 'rocked' a few months ago on a freeway in Sydney. The violence of the hit is something that you cannot imagine until you experience it. I too got the "yeah, happens all the time there - not much we can do spiel from the Police". The fortunate thing was I was in the Fairlane and not the Mini. Normally I would have taken the Mini for that trip, and being a balmy night most likely would have had the roof down. For some reason I can't remember the 'lane was unusally at the front of the garage so I took that. Phew...

Don't know if I can really blame the police here though, do we really expect them to cover every bit of bushland or reserve beside all roads? Maybe they could step up patrol of hot spots but would that really make a huge difference?

The issue here is the lack of control parents have over their kids (either through laziness, rose coloured glasses, or the restraints modern society puts on them). Kids can never do any wrong it seems and thus graduate from rock throwing at vehicles to other things.

The best part of this case though seems to be the recognition of the parent that their little angel HAS done wrong and is taking steps to remedy it. In many cases the threatened legal action and assault charges would have been pursued to their extent. Good to see that some old fashioned common sense can still prevail out there. Maybe there is hope for the boy too rather than just having his behaviour reinforced.

Good luck with it all.

[ltd]

To the OP, you are lucky you aren't being charged with assault. I've seen heaps of cases where someone maliciously damages, steals from and/or defrauds others and receives a touch up, only to be rewarded with compensation irrespective of the provocation. When underage kids are involved, it's a no go zone full stop. It's akin to the classic cases of burglars injuring themselves whilst unlawfully in your home, only to sue you for the injury.
In many courts around Australia, we have seen some dangerous precedents set over the years and the judiciary is more often than not finding for the offender incases such as these regardless of the mitigating factors.

Take the legislation introduced in NSW for rock throwing for example. Can anyone tell me of any case where someone has actually gone to prison (not probation or weekend detention) for this crime?
A guy I know works for the department of corrections and has stated openly that the jails are full and resultantly minor offenses rarely ever end up in time in prison; irregardless of frequency of the offender.

No, on a criminal and even common law level children who commit such acts are afforded more protection than yourself and deprivation of liberty and/or battery (should you hit them) are the most common reasons for offenders being let off. If I were you I'd thank the dad and compliment him on teaching his son right from wrong. Believe me, you are one very lucky guy, and the kid is lucky that his dad cares about him enough to punish him for what he did.