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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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Hi Jo my son 22 years old has been soffeing from severe

Customer Question

Hi Jo
my son 22 years old has been soffeing from severe depression since December last year after he and his partener split up,they have a 1 year old baby boy.
He has tried to take his life in April and July this year,he has been on anti depressant and going for councelling for some with out success.
On Friday 01/11/14 around 1.00 pm he tried to overdose with a cocktail of drugs,he was having panic attacts and also allucinating and at times could not recognise us.
I called for an ambulance as I was concerned for his safety and of course his health.
Unfortunally the police arrived and as they saw my son walking out of the door the chases him with batters and shield.
He ran off with to police chasing him as the got him he fighted back,I tried to intervin holding him to calm him down but he kept saing the want to kill me.
the 2 police officer where injured one had a cut on his hand no stichers and the other had a 5cm cut by his neck no stichers.
he has been arrested and the charges are:
2 GBH section 18.
1 GBH section 20
posession of class a drug and class b drug
criminal damaged under £ 5000
Affrey
posession of weapon (he had a stanley knife)
Today he dose not remember what happend
He has no previus history of violence or drugs
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 would you like to know about this please?
Customer: replied 2 years ago.
Hi
I just wanted to know if we have any room for mitigation.
my frustration is that i called for an ambulance as he needed help he was not a danger to us.
The police handle the situation badly
Expert:  Jo C. replied 2 years ago.
Do you mean mitigation or a defence? Mitigation is when you explain why what happened happened in order to try and get a lesser sentence.
Or are you thinking of complaining about the police handling of this?
When the police chased him, what prompted that course of action?
Customer: replied 2 years ago.
Hi
a mean defence,complaining about the police could probably make things worse.
When I had dialed 999 and asked for an abulance i explained that he was having panic attacks and was allucinating and we where concerned that he could harm him self.
Expert:  Jo C. replied 2 years ago.
When the police chased him, what prompted that course of action?
Who called police?
Customer: replied 2 years ago.
I'm in the uk and the laws here differ from the usa
I was not aware that you are responding from usa
Expert:  Jo C. replied 2 years ago.
I am not. I am in the UK.
Customer: replied 2 years ago.
Ok,the police arrived because I mentioned over the phone that he had a Stanley knife and I was afraid that he was going to harm himself as there has been previous history of self harm.
My question is will the court take in consideration that this was not premeditated,there was no intent and in his state of mind In that moment he was convinced that the police intention was to harm therefore he fought back. him{\rtf1\ansi\ansicpg1252
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Expert:  Jo C. replied 2 years ago.
I am sorry but I cannot give you good news.
If he is sentenced for S18 then the court cannot take into account that it wasn't premeditated because intent is an element of the offence.
The other points you have made will lead the Crown to say that makes him even more dangerous. Everything is a double edged sword with domestics.
I wouldn't panic too much over that though. The points above were never very good points in mitigation anyway.
They might take a plea to S20. The affray is over charging if they are saying that was a part and parcel of the same incident. I wouldn't worry about the lesser charges. They will make no difference.
Just try to get rid of the S18. That is the one that will rack up the sentence.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

He will go to court on the 26/01/15

I understand your point, but the fact that he was under the influence of a cocktail of drugs and has attempt twice this year to take him life,is the a possibility that the court may consider rehabilitation

Expert:  Jo C. replied 2 years ago.
They will always consider rehabilitation but it is not going to keep him out of prison if this remains a S18 I'm afraid.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok section 18 needs to be brought down to section 20 depending on how the barrister will argue the charges and his skills

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