Jump to content
Frangipani

innocent mistake

Recommended Posts

I can't believe this has happened. Now it looks like we have to go to court to fight his innocence.

 

He attended a quiet get together for a friends birthday at the beach, they often go there perhaps once a fortnight, there is a spot to light a fire on the beach to keep them warm, they often have a barbeque there.

 

Unfortunately on this occasion my son suggested he would take a 3 inch pocket knife with him to help splint the wood to get the fire started. When they arrived there were people there that had already arrived and had the fire going so they asked if they could sit nearby, and all was fine. During the course of the evening some young teenagers ran up to the fire and tossed in an aerosol can which caused and explosion. My sons friend caught them about to do it again and yelled to stop but they persisted, my son said all up they must have came and went throwing in about 5 cans. Obviously the residents got angry and called the police. My son and his friends and the other people near the fire were totally oblivious as they were busily chatting and having a drink or two or three so in the end they just laughed at it all. When the police turned up, it was as though they were blaming my son and his friends for it, and went straight for my son as he was the tallest and did a complete body search on him and found the pocket knife. They tried to explain why he had it in the first place for the bbq and they just called him a liar. Stating that it is illegal to have a knife in a public place where alcohol was being consumed. Instantly fined him $550 australian dollars.

 

We have 21 days to pay or seek legal action. :wallbash:

 

We went to meet with his doctor and went over everything with him and he agreed that there was 'no malice' and advised me to fight it. After speaking with solicitors about it today and discussing all the details I rang back and asked them to put in my mobile phone number as an extra contact and the lady that answered and edited our file said this solicitor wrote in the details that my son was carrying a 'dangerous weapon' :angry: I said excuse me, that is NOT what I told him, and that I disagreed that it was an innocent mistake that he took along a 7cm pocket knife to cut some wood at a bbq.

 

So I see we are going to have a bit of a fight on our hands to prove his innocence. I can't believe this!!!

 

Anyway, we have witnesses coming forward prepared to give statements. I would agree that they would all be saying, that when the police arrived, they were angry because of the explosions and wanted to blame someone, and went for my son, served him a ticket and left.....!!!! Oh I am hopping mad!!!!!

 

F. :(

Edited by Frangipani

Share this post


Link to post
Share on other sites

Oh Frangi, what a nightmare! Have you disclosed his AS to the authorities, surely that would make a difference? Do hope it gets sorted >:D<<'>

Share this post


Link to post
Share on other sites

Awwww F - sorry to hear that so soon after your week away :(>:D<<'>

Of course, I can only go from what's in your post, but from the sound of it you could paint yourself into a corner if you try to argue the 'dangerous weapon' bit - whatever the circumstances he was carrying the knife and the law must state technically that a blade that size is a 'dangerous weapon' otherwise they wouldn't be prosecuting...

I think your defence will need to be the INTENT in carrying the knife together with the professional and character witnesses...

hope it all pans out - keep us posted

 

L&P

 

BD :(

Share this post


Link to post
Share on other sites

Hi Thanks Pearl & Baddad :(>:D<<'>

 

We are seeing a local legal advisory service this evening they will advise us who to see, how to sort it through. Thanks Baddad for that tip, I agree, I will focus on those references and the boys birth certificate maybe go down to the beach with Bob so he can show me where they were sitting etc.

 

We are both a bit 'dazed and confused' or in shock, if we have to pay it we will pay it, more important than the money is clearing my sons record. Especially if we want any hope of getting him into cadets. His doctor was brilliant yet again, just explained the consequences to my son so he could understand.

 

I did ring the police first thing the next day and mentioned why he had it and the birthday and is ASD but they basiclly stipulated it is the law, and that its not that our son had any bad intentions, the problems is if someone around them that was consuming alcohol got nasty and grabbed the knife. They say they are faced with situations like this everyday in the Western Suburbs and had the odd incident in the beaches area.

 

Poor guy is so shaken by it, he did a complete clean up of his room and paperwork and had a big toss out of old school stuff he no longer wanted. Said it has taught him a big lesson and believes he is a better person because of it. :wub:

 

Wish us luck :pray:

 

Frangipani x

Share this post


Link to post
Share on other sites

I'm sorry to hear of what's happened. The National Autistic Society here understands the potential of a person with an ASD getting into trouble with the police and they've written some stuff about it which you may find useful to quote?

 

http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=1064&a=6296

 

They've even made up a card for the kids to carry, just in case, to help eliminate some of the potential misunderstandings. I got one for my son to carry with him, as in that sort of situation he would be likely to just freeze and not be able to explain himself. Its also useful if he needs to flash it on the bus or wherever, if his behaviour is a bit off and he can see people getting annoyed. Again it has things in it that you might be able to quote.

 

http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=522&a=6234

 

I see that the NAS has a page of links to autistic societies in other countries, including Australia, so it might help to contact them and see if they can offer support or advice, if you haven't already done so.

 

http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=104&a=2680

 

Hope you manage to resolve this soon, without too much distress to you all, good luck.

Share this post


Link to post
Share on other sites

Hi Frangipani,

 

>:D<<'> >:D<<'> >:D<<'> >:D<<'> >:D<<'>

 

Horrible situation to be in - I hope you get lots of support and you resolve this without too much stress to your son. Extremely bad luck - especially if as you say, he wasn't part of the disruption in the first place.

 

K x

Share this post


Link to post
Share on other sites

Hi Thanks for those links and replies >:D<<'>

 

Just using my sons computer quickly, so will look at them later. We went to the advisory and regardless of his Autism etc we have to go to court to get his name cleared, we are entitled to Legal aid but we may end up having to pay over $1000 aust dollars to clear his name. His friends will have to make statements and appear in court too and his doctor will have to write a character reference.

 

Patience and a bit of wisdom is what I need right now, just so disappointed it has got to this..... aghhhhhhhhhh!!!!

 

We are just spending time talkng about it all, and have decided to leave his father out of the equation as he will only make matters worse. Thank God he lives interstate. Bit of a blow to have to pay out $1000. to prove his innocense, but he is worth it. God love him, a hard lesson learned. :(

 

Wish us luck, and thanks again for those links will have a look at them later >:D<<'> :wub:

 

Fxx :(

Share this post


Link to post
Share on other sites
Hi Thanks for those links and replies >:D<<'>

 

Just using my sons computer quickly, so will look at them later. We went to the advisory and regardless of his Autism etc we have to go to court to get his name cleared, we are entitled to Legal aid but we may end up having to pay over $1000 aust dollars to clear his name. His friends will have to make statements and appear in court too and his doctor will have to write a character reference.

 

Patience and a bit of wisdom is what I need right now, just so disappointed it has got to this..... aghhhhhhhhhh!!!!

 

We are just spending time talkng about it all, and have decided to leave his father out of the equation as he will only make matters worse. Thank God he lives interstate. Bit of a blow to have to pay out $1000. to prove his innocense, but he is worth it. God love him, a hard lesson learned. :(

 

Wish us luck, and thanks again for those links will have a look at them later >:D<<'> :wub:

 

Fxx :(

>:D<<'> Frangi >:D<<'> hope it all works out for you hun.

Share this post


Link to post
Share on other sites

Frangi, how awful for you and your family and especially your lad.

Hope you get things resolved quickly and I am so sorry that its got all to this, looks like the kids throwing cans into fire have gotten away with it and how dangerous is that.

Keep up the fight.

Clare x x x >:D<<'>

Share this post


Link to post
Share on other sites

Thanks >:D<<'>

 

After discussing it with his friends we all agree it would be better to just pay the fine of $550 as they fear they may decide to find a law to charge them for lighting the fire, even though they didnt actually light it. The fire was on the beach not the designated barbeque area, and a bon fire of all things on the beach. So I imagine we should count our blessings and say it could have been a lot worse.

 

As his friends and the police and solicitors kept saying, the law is the law. But can you believe the solicitor said it is actually an offense for a family to have a knife and fork at a picnic area, as I passed that by them as they often go there for a barbeque. Talk about law gone crazy. I think since the Cronulla riots they have gone totally insane bringing in all these laws.

 

So note to self only plastic knifes and forks at picnics. :rolleyes: I wonder if tongs are an offense :lol: cooking utensils :shame: birthday candles and sparkles would be an absolute hazard :thumbs: am I sounding a tad sarcastic? who me ???? :o

 

Well one good thing has come out of this, my son has said he is going to give college another try. :clap:

 

 

Talk about days of our drearies.

 

F xx :)

Share this post


Link to post
Share on other sites
I wonder if tongs are an offense...

 

 

I know plenty of women with offensive tongues.....

What?

Oh tongs!

They are after dark... Just a Tong at twilight....

Blimey almost identical awful pun to one i made earlier...

I'll just get me coat... ;)

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...