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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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i was assaulted by a neighbour. i was alone. they got their

Customer Question

i was assaulted by a neighbour. i was alone. they got their friends to say i threw a punch at her. she pushed me over and stamped on my leg. i now have cctv with audio of her admitting she stamped on my leg as i had reported. can i take this to police and get her charged?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What does she say about whether you punched her?
Customer: replied 2 years ago.

she told the police officer when he arrived that i attempted to throw a punch and she nutted me to the floor on self defense. I told the police officer which is on video that she was punching me and kicking me whilst i was on the floor and she would not stop. She actually broke my ankle. Her boyfriend was harassing me so i put up cctv with a separate microphone and recorded various incidents of which he has now a harassment warning. Me and my lodger heard her telling her friends and recorded this that she flipped and swooped me and kicked and punched me. then i buckled and she said she stamped on my leg for a few minutes. I have fibromyalgia and now bed bound most of the time due to this injury exasperating my illness. I have in writing sent a letter to the seargent and seen her about the harassment. She said she would deal with one thing at a time but i have heard nothing from her at all. I could provide u with a copy of the letter if possible. I have photos of what looks like foot marks on my leg. I didnt go to the emmergency for 9 days. one reason being i couldnt believe they all lied and i wanted to prove she had stood on my leg whilst i was defenseless on the floor. I was at home thinking it was just a sprain and when it didnt get better i went to the hospital.

Expert:  Jo C. replied 2 years ago.
You didnt go to A & E with a broken ankle for 9 days?
Customer: replied 2 years ago.

no i thought it was sprain and thought i should collect photos of my leg with foot marks on since she told the police she nutted me to the floor which was a lie. I was on strong pain killers and couldnt move. and was also depressed at the fact this had happened.

Expert:  Jo C. replied 2 years ago.
What was the outcome of your original allegation against her?
How long ago did this happen?
Customer: replied 2 years ago.

They called the police. I told him what she did. He said the witnesses said i attempted to throw a punch. It happened on August 9th. The seargent who i told about the new evidence has not got back to me. Is the recording admissible in court. Nobody has got back to me.

Expert:  Jo C. replied 2 years ago.
Audio recording can be admissible but it depends on value.
If it just that she admits stamping on your legs then that doesn't mean that she accepts you didn't hit her which was the the essence of her defence so it doesn't go to the issue.
Also, if there has been a formal NFA then they will not revive the charge.
If you have been charged then they will deal with the matter against you first before considering anything about her but the fact of the video would be useful evidence to support your defence.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

she also stated that she flipped and swooped me. There needs to be a report i understand to claim criminal injuries of which nobody has written anything down or investigated the matter. Is it true i cannot claim if she says i started the fight. can i present criminal injuries with my evidence? Is it not enough evidence for the police to arrest her and question her. If this was done i am sure she will admit to doing it.

Expert:  Jo C. replied 2 years ago.
Yes, that is true.
In truth, criminal injuries often does go against lay people.
To be wholly honest, this really doesn't add anything at all. The issue is who started the violence. It might be possible to argue that she went too far in self defence but the risk of that is that you could be arrested on her allegation.
It is surprising really that they havent arrested somebody.
Customer: replied 2 years ago.

The incident happened on the back street where she came flying out of her gate and attacked me for something i said to her boyfriend about her. A laptop inside was recording and captured the argument after the incident where she was saying i told u once and i told u twice but you wouldn't stop. your a shit stirrer and a grass and for that you deserve it. She told police she heard me and my lodger inside my house making monkey noises which is different from on the recorded video. She has a child which has been taken off her because she is a heroin addict and says i called her child a monkey of which is not true. What about the video i have of the day in question. I had no motive to attack her.

Expert:  Jo C. replied 2 years ago.
You did have a motive to attack her. I am sorry to have to tell you this but you have to face facts. There was an ongoing dispute with this person which is evidenced by the fact that you made allegations against her boyfriend and set up CCTV. I wish this wasn't so hard hitting but you have to be realistic. Most of us just ignore neighbours if we don't like them. The trouble with situations like this is that if you make allegations against neighbours you create a motivation for them to want to take revenge. Sometimes that can't be avoided but with situations like harassment it often can.

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