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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
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I have been charged with assault by beating sec.39 a week

Customer Question

I have been charged with assault by beating sec.39 a week ago.
Released on conditional bail.
4 people in the house. Myself ,wive,my brother in law (victim) and his girlfriend.
Wife’s brother has been staying with us for 3.5 months rent free, his girlfriend arrived on Saturday to stay as well.
On Sunday after dinner I had four beers, they did not drink. About 11 in the evening I have decided to talk to my brother in law about flat that that I own abroad that he has been living in for last 15 years. Rent free. I wanted him out.
Also I wanted to confront my wife regarding her joining dating agency “on line” .Fact I discovered coincidentally few weeks before
Big arguments erupted during which I asked my brother in law and his girlfriend to leave my house immediately. By this time my wife not having any answers to my questions started taking her brother side. I have told her that she can leave with them if she wants. Few minutes later they have started packing (not my wife). While I was in the kitchen my brother in law shouted that he was behind the idea that my wife should join a dating agency because I am worthless and useless person. I came back to the sitting room, he was sitting on the chair, and told him if I was fitter right now we would have a fight in the garden as man to man.( I had so called mini stroke 5 months ago ,slowly recovering) He stud up, we were face to face and after few seconds I backed off. Nothing else happened between as two only sporadic exchange of arguments with my wife.
After about 1 hour my wife took them in a car I assumed to a hotel. I did not want to wait for my wife and have further arguments so about 2 in the morning I went to bed.
5 o’clock in the morning nock on the door. Opened the door, 3 police cars in front of my house, 8 policeman, let them in and they are arresting me for ABH ,for beating up my brother in law. They asked me if somebody is in the house I said my wife is in other bedroom assumed she came back while I was asleep. Without checking they said “no she is not” what surprised me.
During questioning at the police station I have told exactly what has happened and then the DC has told me that she has 3 almost identical statements from my wife ,victim and his girlfriend telling that I was drunk I have punched my brother in law 4 to 6 times and I have shouted “I am going to kill you” Also there was a statement from a policemen who attended A&E department, where the victim was, confirming that the he has a single bruise size of two pence behind his ear.
All this is not true and that’s what I said in the interview. I did not admit to anything.
They have change charge from ABH to assault by beating and I am on conditional bail until Magistrates in 2 weeks time. So far my wife is not back in our house yet apparently on advise of the police. Texted her few days ago just to check if she is OK. She replied that she is OK and not to worry.
The other two, the victim and his girlfriend went back to their own country and have no intentions of coming back.
I have to admit that I was arrested about 7 years ago for domestic assault after argument with my wife. Never charged just cautioned.
So the question is what will happen next and how I can defend myself.
Kind regards. Paul
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.\
What is the nature of the assault alleged?
Customer: replied 1 year ago.

Hi Jo.

I was charged with assault by beating contrary to section 39. Also I was told that it was domestic assault since the victim is my brother in law.

Regards.Paul

Expert:  Jo C. replied 1 year ago.
Yes, but what are you said to have done specifically?
Customer: replied 1 year ago.

Quote During questioning at the police station I have told exactly what has happened and then the DC has told me that she has 3 almost identical statements from my wife ,victim and his girlfriend telling that I was drunk I have punched my brother in law 4 to 6 times and I have shouted “I am going to kill you” Also there was a statement from a policemen who attended A&E department, where the victim was, confirming that the he has a single bruise size of two pence behind his ear.
All this is not true and that’s what I said in the interview. I did not admit to anything. Unquote

Paul

Expert:  Jo C. replied 1 year ago.
Did they convict you of repeated punching?
They have to tell you the basis of the conviction.
Customer: replied 1 year ago.

Hi. I think they did convict me of repeating punching but I am not so sure.Sorry. If is important can you suggest how I can find out.

Paul

Expert:  Jo C. replied 1 year ago.
No real way of knowing now. We will presume the worst as then it can only get better.
But his only injuries are a small amount of bruising?
Customer: replied 1 year ago.

Hi .Yes There was nothing more in the policemen statement .Small bruise size 2 pence behind his ear.Paul

Expert:  Jo C. replied 1 year ago.
But does he complain of any more in his statement?
Or in court?
Customer: replied 1 year ago.

I do not think so.The "victim" mentioned only in his statement that I punched him 4 to 6 times and shouted "I am going to kill you" .That was confirmed in statements given by my wife and victims girlfriend..

After questioning at the police station the DC only briefly went thru all four statements so I do not know exactly.We have to assume that is all.

We haven't been to court yet and I am pretty sure that hi is back in his country now and hi will not came back to attend court.Nor his girlfriend

Paul

Expert:  Jo C. replied 1 year ago.
Ok.
Will the other witnesses give evidence?
Have you admitted laying hands upon him at all?
Customer: replied 1 year ago.

I have admitted to nothing.Did not touch him or shout at him.

As I said I am sure the victim and one witness ( his girlfriend) will not came to court to give any evidence.So far I am not sure about second witness ( my wife ) as she has not came back home since my arrest.

Also one of the conditions of my bail is that I will not talk to my wife about what happened even if she is back. But I am " working on it"

Paul

Expert:  Jo C. replied 1 year ago.
No, don't speak to her.
If nobody gives evidence the whole thing will fall away.
Obviously his injuries are completely inconsistent with his allegation which is something you can use at Court. The problem with that is that Magistrates quite often will escape the obvious conclusion arising from that by saying nonsense like not every blow leaves a mark.
If they do give evidence then you will just have to challenge it and see how that pans out. There are no magic wands. There is no one strategy that works with all witnesses. You have to judge a witness when they are actually giving evidence and make an assessment of the risks.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi Jo Just few questions please.

Will they have to came to court and give evidence at all ?

Or are theirs statements enough and can be read out in court

as evidence instead of them doing this personally?

As you know my wife left the house and I do not know her whereabouts.

Am I obliged to inform her (by SMS for example) when she receives

summons to court at our house address ?

Can my wife refuse to give evidence against me in court?

If yes how is is done.Simply by not turning up in court?

Regards Paul

Expert:  Jo C. replied 1 year ago.
1 Yes, if you plead not guilty
2 No.
3 No, don't make contact with her. You are on bail with conditions not to contact her.
4 Yes, they could summons her but they may not here. Unless she has a history of doing this.
5 As long as she is not summonsed she can just fail to attend.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Jo. I am trying to rate your answers with "good service" icon.

When I click submit button I am getting


Access Denied

Sorry, you don't have permission to view this page.


massage

Please instruct.Paul

Expert:  Jo C. replied 1 year ago.
Thanks.
You need to email customer services about that on***@******.***
We sometimes get that page too so I'm sure it is just a bug.

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