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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son has bben accused of assault on a landlord when he was

Customer Question

My son has bben accused of assault on a landlord when he was appearing as an artist at a gig. His brother did assault the landlord but he did not. His brother was arrested within 48 hours.
He was not arrested but asked to come in to make a statement 3 weeks later and was arrested as soon as he got into the police car. He has never been in trouble with the police and would never have commited this assault as its his lively hood. the plaintiff is an ex policeman? He is due for a bail hearing tomorrow and his appojnted solicitor told him today he is going to be charged??

Advice Please
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Im not sure what you wanted to know? obviously I will not know what will happen but I can give you general information?
Customer: replied 3 years ago.

FOR JOMO1972


 


He is due to appear at a bail haring tomorrow. He called his appointed solicitor today and thought nothing would come of it. He has been advised he will be charged??


He si completely innocent and feels that the charges are being pushed because the plaintiff is an ex policeman?


It took them 3 weeks to ask for a statement. he went willingly to give this advice and was arrested as soon as he entered the police car?

Expert:  Jo C. replied 3 years ago.
Ok.

So what is your question about this?
Customer: replied 3 years ago.


The question is. Is it usual for a common assault charge on a previously well behave citizen to be made.


Is there any discrepancy that can be called upon as he was not asked to make a statement for 3 weeks.


Why was his brothers statement admitting fault not taken into account?


Was it legal to ask for a statment to be made vounantarily and then to arrest him once in the vehicle?


Is there pressure being brought to bear given the plaintiffs previous employment? Can this be used as leverage in his defence


 


 


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Yes, a person of good character can be charged and often is. Every recidivist offender has to be charged for a first time once. There is no defence in saying that a person is of good character.

No, there's no discrepancy in a delay of three weeks. Thats a fairly normal time period really.

His brother's statement probably wasn't sufficient because they will be saying he is a biased witness.

Yes, a statement can be taken voluntarily and an arrest can be made. There has been some case law that suggests an arrest should not be made unless its essential and often it is not but that matters not from the point of view of the charge.

No, there's no real benefit in the fact that this person is a former police officer. It might well have influenced CPS possibly. Whether it did or not though, there is no defence in that I'm afraid.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

The charge is that he "clipped the landlord around the back of the head during the dispute. does this warrant a court case for what could possibly be a first offence? The Landlord was provocative. He turned out the lights and refused my son the right to pack up £1000 of equipment

Expert:  Jo C. replied 3 years ago.

It is an offence that would possibly be eligible for a caution but they cannot do that because your son disputes the offence so it has to go to court.

They cannot ignore an act of violence I'm afraid on the basis that the victim was antagonistic. There are very few acts of violence that are not provoked to some degree. Whatever people say in victim impact statements its rare that a person just comes up and starts hitting another for no reason at all.
Customer: replied 3 years ago.

My son was provoked but did nothing .


 


His brother did but he did not. The only reason my son stayed was because the landlord asked him to stay so the next act could use his equipment.


 


Will his defence solicitor have access to all of the witness statements?


 


 


 

Expert:  Jo C. replied 3 years ago.

They will disclose the statements upon which they rely at the time of first appearance at the Magistrates court.
Customer: replied 3 years ago.

The Landlord had also been drinking since early afternoon. It was a beer fretival.


should this have been taken into consideration wheh taking statements? Should blood tests have been performed? I am sure that it would affect his position as a licensee if he was not in full command of the proceedings. ther eis photographic evidence of his drinking? Can this be taken into account. I believe his judgement was clouded and his decision to turn out the lights was also because of


this


 

Expert:  Jo C. replied 3 years ago.
No, there's no defence in saying that he was drunk and not really something for CPS to consider. Theres certainly no ground for a blood test.

Whether or not he had good reason to turn out the lights is a non issue. In fact actually, it gives your son a motive to assault him. I wouldn't raise that issue at trial. Its a matter for counsel as to how the trial is run but i have found generally its better not to put in a motive to assault in cases where the Crown cannot other wise prove one.

In saying the landlord behaved badly by being antagonistic is a point that will be used against your son. Its not an offence to be antagonistic. A person who is being antagonistic gives others a motive to assault them.
Customer: replied 3 years ago.

So given that he is innocent and did not assault this person. However his brother has admitted fault. In fact he tried to pull his brother off to which there are witneses what exactly is the best form of defence?

Expert:  Jo C. replied 3 years ago.
If he is saying he didn't assault him then that is the defence.

There is no merit though in going on to say that the landlord behaved badly in addition. All that will do is give him a motivation to assault him which you would prefer the court didn't know about.

You don't really need to worry about things like this though. This is an issue for whoever conducts the trial.
Customer: replied 3 years ago.

so basically the plaintiff can pull strings and no statement from his brother is relevant and the provocative restriction to his working equipment in the dark and the rain make no defence? Am I correct in my assumtion? Even though the person who assaulted him has admitted guilt without council and my other son denies the assault. What exactly is his best form of defence?


 


 

Expert:  Jo C. replied 3 years ago.
No, please see above. There is a defence.

The statement from his brother is not irrelevant but its clearly not something that the Crown will accept necessarily.

In relation to his best defence, I'm not sure what you mean? He can only tell the truth or say nothing. If the truth is that he didn't assault him then thats the defence.

Customer: replied 3 years ago.

Yes that is is defence. He did not commit the crime of which he is accused. My son has had previous mental health issues which are now returneing thatks to the stress of the unfounded accusations, whilst trying to set up a new business as a local artist. Previously they had good relations and it all smacks of a vindictive saving face issue.


Its all very unfair. I have always believed in our great british justice system but i truly believe that in this case. Because of the previous history of the plaintiff that this may all be skewed.


 


All I want is justice for my son.he will deny it and take it all the way because he is innocent. He has done nothing wrong but I believe because of the victim the outcome may be skewed. His brother openly admits the assault. He in fact tried to stop it. The landlord has a face saving exersize in progress and quite frankly its poor. He has no idea how this may affect my son.

Expert:  Jo C. replied 3 years ago.
It is very unfair. Fights do tend to be a dispute of this kind.

He might well be acquitted but you just need to be careful how this case is run. There's no point in giving the crown points to make.
Customer: replied 3 years ago.

Like I said. thank you very much for your advice it has been concise and to the point. I should reitterate however I see this as bullying by a person who has previously been in an obvious position of standing. Which may tip my son back into ill health again just in order to save face. His assailant has already admitted the charge much as this pains me also. If any damage comes to my other son I will hold him wholly and totally responsible because of his standing and his need to save face. Not exactly a point of law but the truth,.


 

Expert:  Jo C. replied 3 years ago.
Oh yes, crime generally doesn't come to people. What people like him fail to appreciate is that he is only a victim because he places himself at risk.

But thats not a cross examination point.
Customer: replied 3 years ago.

Thank you for your assistance. I amy well get back to you tomorrow after the bail hearing. How absurd it is that child molesters can get a sentance so reciculous and those who are innocent and acused of "clipping " someone about the head can come to court at the tax payers and his own very personal expense to exhonerate anothers reputation


 


 

Expert:  Jo C. replied 3 years ago.
Yes, there's not much serious crime in the UK really.

Do come back if you want more updates.

Please remember to rate my answer.

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