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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 on a night out when I ended up in a fight and was knocked

Customer Question

I was on a night out when I ended up in a fight and was knocked unconscious I had a cut on my head and a large lump. Apparently when I woke up I was surrounded by police and paramedics and was resisting treatment and became violent to the point where I was hit with a police truncheon hand cuffed and put in leg restraints. During my aggressive outburst I apparently gave a paramedic a back injury and am now being charged. I have no memory of the fight I was involved in nor of the commotion with the police or even the ambulance trip to hospital. I have had an interview with the police but chose not to use a solicitor as I had no memory of the incident. The charges where gbh but the detective advised me he would recommend a caution assault to his sargeant as it seemed out of character due to having no previous record . Personally I feel that I was not responsible actions due to the head injury I sustained and am concerned about having this on my record can anyone advise
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
If the caution is still available then take it. You will be convicted at court I'm afraid. A caution would be a fantastic deal.
If they will not caution then you will have to deal with the charge. There is a defence of automatism. Im afraid you are not describing it here. Head injuries can cause many things but they do not usually cause a person to strike a blow to a person acting in the course of their duty Im afraid. An example of automatism would be something like passing out and landing upon a person or striking them as you fell down. It is a circumstances where you have no control over the movement of your limbs. Another example is an epileptic fit although that falls within the definition of criminal insanity.
If they have charged you then probably that is because of the injury to the complainant and the fact that it was an assault upon a person acting in the course of his duty.
On these facts, I'm afraid I would brace yourself conviction.
I'm very sorry but I have to give you truthful information.
Can I clarify anything ?
Jo

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