In recent years, reports of international students being assaulted by groups or violently robbed at stations have been far from uncommon on online platforms. When reporting an incident, victims are often still in shock and may only manage to tell the police, ‘Someone hit me’, without explaining what each assailant did or obtaining a police event number. If their injuries later worsen, or they subsequently remember that CCTV may have captured the incident, they may no longer know which police officer to contact.
Reporting the incident is only the first step. Whether police can obtain CCTV footage promptly, identify the assailants and deal with the incident according to its true seriousness often depends on whether the victim preserves evidence of their injuries, witnesses, property loss and the full course of the assault as soon as possible.
What should you do immediately after an assault?
If the assailants are still at the scene or continue to follow the victim, someone is injured, or a weapon is involved, call 000 immediately and seek help from station staff, the driver or security personnel. You can also use the emergency assistance devices at the station or on the train.
First, leave the dangerous area. Do not continue approaching an assailant merely to photograph their face, and do not chase an assailant who has fled.
Once you are safe, try to note the exact time of the incident, the station, platform, direction of travel, location within the carriage and the direction in which the assailants fled. If anyone witnessed the incident, also try to obtain their name and contact details. This information may later help police determine which CCTV footage to seek and identify the people involved.
If the injuries are relatively serious, priority should be given to calling an ambulance or attending a hospital emergency department. Even if the injuries appear minor, it is advisable to obtain medical attention promptly and tell the doctor when the assault occurred, how you were injured and all symptoms you are experiencing.
Police can attend the hospital later to obtain further information. Treatment does not need to be delayed merely so that a police statement can be completed first.
How can you preserve complete evidence of injuries, CCTV footage and other matters?
Australia does not require an ordinary victim to attend a designated body for a Chinese-style formal ‘injury assessment’. Hospital records, examination and imaging reports, medication records and photographs of injuries may all be important evidence of the extent of the harm.
Some bruising, swelling and other symptoms may emerge gradually several days after the assault. You can therefore continue photographing any changes and, wherever possible, retain the unedited original photographs and their capture times.
Materials relating to the incident should also be kept together wherever possible. These include hospital discharge records, follow-up appointments, medication and treatment expenses, and any subsequent counselling records; Opal travel history, phone location data, payment records and messages sent immediately after the incident; and photographs, purchase records, account details and other evidence of loss relating to property that was damaged or taken.
At the same time, note the approximate location of any CCTV cameras at the scene wherever possible, such as on the platform, stairs, ticket gates, carriage or station exit. When reporting the incident, give police the precise time and location and ask them to obtain or preserve any available footage promptly.
Although the NSW rail and metro networks have many cameras, some may be used primarily for live monitoring, which does not mean that all footage is retained for an extended period. The sooner precise information about the time, location and position of cameras is given to police, the more useful it may be to the subsequent investigation.
What should you explain and obtain at the police station?
Victims do not need to decide for themselves whether the other person’s conduct constitutes common assault, assault occasioning bodily harm, robbery or another criminal offence. When reporting an incident, the most important thing is to explain the facts chronologically and, wherever possible, distinguish the conduct of each participant.
For example, explain how many people were involved, who struck first, who blocked the victim’s path, who punched or kicked the victim, whether anyone continued the attack after the victim fell, whether anyone used a weapon or made threats, and who took the property.
Also explain which parts of the body were struck and whether the attack caused the victim to fall, vomit, lose consciousness, become unable to stand or require hospital treatment.
If property was taken during violence or threats, clearly explain to police the connection between the violence and the taking of the property, because loss, theft and robbery involving violence may have entirely different legal characterisations.
If your English is insufficient, you can ask police for an interpreter. After completing the statement, read it carefully or ask the interpreter to explain it paragraph by paragraph. If the recorded time, number of people, actions, injuries or property loss is inaccurate, ask for it to be corrected before signing.
Before leaving the police station, also confirm that police have created a formal event record and obtain the name and contact details of the Officer in Charge and the COPS Event Number. This number will usually be needed to locate the case when providing further evidence or checking the progress of the investigation.
How should you follow up if there is no response after reporting the incident?
After reporting the incident, victims can use the event number to contact the Officer in Charge and ask whether CCTV footage has been obtained, whether relevant witnesses have been contacted and whether police need any further medical records, proof of property loss or other material.
When providing additional evidence, you can compile the incident timeline, injury records, property list and witness contact details together and note the police event number, so that important material is not dispersed across multiple telephone calls and separate emails.
Under the NSW provisions concerning victims’ rights, victims may, upon request, receive information about the progress of the investigation. They should also be told what charges police have laid or, if no charges have been laid, the reasons why.
If the Officer in Charge cannot be contacted for an extended period, you can contact the relevant police station and ask to speak with a supervisor. If you believe the incident was not formally recorded, or that important evidence such as CCTV footage or injury records was clearly not handled appropriately, you can also consider following up in writing and using the applicable complaints procedure in light of the particular circumstances.
How might the case be handled if the other person is a minor?
If an assailant is 18 or 19, they will be dealt with under adult criminal procedures. Young people aged 14 or over but under 18 may likewise be formally dealt with for assault, robbery or similar conduct, although the matter will generally enter the youth criminal justice process.
For children aged 10 to under 14, criminal responsibility involves an additional legal assessment, and the prosecution will generally also need to address whether the child understood that the conduct was seriously wrong. This does not mean that police need not investigate. Police can still establish the identity and age of the people involved, seek CCTV footage and witnesses, and record the incident.
In deciding how to deal with a case, police will consider factors including the degree of violence, the victim’s injuries, whether a weapon was used, whether property was taken, whether several people participated together and the particular circumstances of the young people involved.
If the incident was only a relatively minor physical altercation, with no weapon, property loss or obvious injury, and the young person meets the relevant conditions, it may be dealt with through a youth diversionary process such as a caution.
If several people blocked the victim’s path, punched and kicked them repeatedly, continued attacking after the victim fell, caused injuries requiring hospital treatment, or took property through violence and threats, the matter may proceed further through the youth justice system, including a youth justice conference or court proceedings.
If a weapon was involved, there was a serious attack to the head, a fracture, concussion, loss of consciousness or other serious harm, or several people committed a violent robbery together, the likelihood of formal charges and court proceedings may increase further. In serious cases, the court may, depending on the law and the particular circumstances, make orders including supervision, counselling, restrictions on conduct or even a Control Order.
The injury records, CCTV footage, witness information and complete statement preserved at an early stage therefore do more than prove that ‘the assault really occurred’: they may also affect how police and the subsequent justice process assess the seriousness of the case.
What else should you prepare if the case proceeds further?
If the matter proceeds to a youth justice conference, the victim may have an opportunity to explain the physical injuries, psychological impact and property loss caused by the incident, and to participate in the process concerning the outcome of the case.
If the assailant is later found guilty by a court, eligible victims can consider providing a Victim Impact Statement explaining how the incident affected their physical and emotional wellbeing, studies, work and financial circumstances.
Previously retained follow-up treatment records, counselling materials, evidence of missed classes or leave from work, and receipts for treatment and other expenses may all help demonstrate the continuing consequences of the assault.
People injured by a violent crime in NSW can also check whether they are eligible to apply under the Victims Support Scheme. Depending on the individual circumstances, the scheme may provide counselling, assistance with certain financial losses and other eligible support.
FAQ
1. The police asked me only a few brief questions and did not give me an event number. What should I do?
Contact the police station where the incident was reported as soon as possible, confirm whether police have created a formal event record, and ask for the name and contact details of the Officer in Charge and the police event number. Once you have the event number, it will be easier to provide further evidence and check the progress of the case.
2. The station has CCTV. Can I request the footage directly from the transport authority?
You can ask the relevant transport authority about the applicable request process, but access to footage may be limited by privacy, retention periods and the police investigation process. For a criminal matter, it is more important to give police the exact time and location of the incident and the position of any cameras as soon as possible, and ask them to obtain or preserve the relevant footage promptly.
3. Police said the other person appeared to be under 14, so prosecution would be difficult. Does that mean I do not need to follow up?
No. Children aged 10 to under 14 are subject to special rules on criminal responsibility, but this does not mean that every case is incapable of proceeding. Police still need to investigate the actual age and conduct of the people involved, CCTV footage, witnesses and other evidence before deciding how the matter should proceed.
4. I have recovered physically, but I have remained afraid of travelling by train. Is that impact relevant?
Possibly. Continuing insomnia, anxiety, fear of using public transport and any resulting inability to study or work normally may all reflect the psychological impact of the incident. If these issues persist, consider seeking prompt assistance from a doctor or mental health professional and retaining the relevant records. These materials may later be relevant to a victim-support application or a Victim Impact Statement.
NS Legal’s Closing Remarks
After an assault at a station, promptly reporting it to police is only the first step. Evidence of injuries, CCTV footage, witnesses and property loss, together with a complete police statement, is relevant not only to proving that the incident occurred but also to how police understand its seriousness and which process the case subsequently enters.
Particularly where several people were involved or those involved may be minors, it is especially important to make a complete record of each person’s conduct, the harm suffered by the victim and any property loss.
NS Legal’s criminal law team can help victims organise their account of the assault and the available evidence, check whether the police statement omits important matters such as multiple participants, a sustained attack, weapons, threats or serious injuries, and assist with providing further material to the Officer in Charge and following up the case.
If the matter later proceeds to a youth justice conference or court, we can also help document the physical, psychological and financial impact of the incident so that its true circumstances and consequences can be fully reflected in the subsequent process.
Disclaimer: This article provides general legal information only and does not constitute legal advice for any individual matter. The appropriate course should be determined by consulting a qualified lawyer in light of the facts of the matter and the latest legal requirements.
