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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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My nephew is accused of battery ,he smashed a bathroom door

Customer Question

My nephew is accused of battery ,he smashed a bathroom door down and flipped her leg with a towel.Serious provocation caused his loss of temper.They have been married less than a year . With "mitigating circumstances" coming up in court(he pleaded guilty) is there anything I can say or do to help his case? She is unbalanced and has frequently attacked him and is a serial drama queen!
If they divorce what rights would she have to his property or money?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

I can help you with the criminal question but I wouldn't know anything about the divorce issues.

Or I can move this to family for you who probably won't be able to help with crime?

I'm not sure which you would prefer?
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX the criminal question would be most useful.


 

Expert:  Jo C. replied 3 years ago.
Is this the first time she's called the police to this type of nonsense?

I'm just wondering why they didn't just caution him?
Customer: replied 3 years ago.

As far as I know this is the first time, I agree it is ridiculous,he left the flat immediately and has not seen her since,she took a photo of the door and a red mark on her leg and used this as evidence. But my question is,how can I help him provide the court with mitigating circumstances? would a character reference from a solicitor uncle bear any weight,or a frank letter about our knowledge of her previous unreasonable behaviour?

Expert:  Jo C. replied 3 years ago.
Oh yes, it is ridiculous. This is the nature of most 'domestic abuse' though. If the public had any idea of the quality of the majority of them there would be an outcry.

will she give evidence against him?
Customer: replied 3 years ago.

I'm not sure if she was in court, he has been charged,he was advised to plead guilty and the "mitigating circumstances" are being heard on the 23rd of December before the judgement is made, please tell me if there is anything we can do to prevent him getting a criminal record?

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

That tends to suggest he has admitted the offence in interview then so its game over. He could ask the Crown to refer it back to the police for a caution. Its surprising they didn't offer one.

Unfortunately though, if he has admitted the offence, there is no way around it now. Whether she withdraws or not, they will prosecute him on the basis of what he has said in interview.

If he intends to remain married to her then he needs to learn the merit of a no comment interview unless you can offer an innocent account. There is never any point in admitting offences at the police station unless the evidence is overwhelming and there is a caution on the table. Thats very rarely the case with domestics.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Why are they looking at mitigating evidence?

Expert:  Jo C. replied 3 years ago.
well, everybody convicted of an offence has a right to mitigate.
Customer: replied 3 years ago.

Then i must repeat my first question, is there any character reference or letter we can provide to help his case ?

Expert:  Jo C. replied 3 years ago.
Yes, you can write a character reference for him. That won't avoid him getting a criminal record but will go to mitigation.

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