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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 daughter got inot an incident and pulled a girl to

Customer Question

Hello, my daughter got inot an incident and pulled a girl to the ground .She did not further hit the girl and helped her up. However the girl did fall badly and break her femur and ankle and alledgedly had an operation in hospital.
My daughter is remeorseful and sent a text apologisng before she knew the girl was hurt the next morining.
My daughter has only recently had a baby and this was a secnd night out after 13 weeks.
She is terrified social services will take her son even though he is well looked after , attends all doctor appointments, growth development all forward and thriving.
However she did go off the rails when younger when her father and I split up and has on record a drunk and disorderly and theft. However no incident or trouble for 6 years. Managing her own home and as a sing,e mum.
Please can you advise what may happen. Alledgedly the girl has reported my daughter but no news so far. My daughter was with a girl who was earlier attacked by this girls friend. Which is why my daughter got involved ! Not that I am condoning it at all.
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 would you like to know about this please?
Customer: replied 1 year ago.
I am concerned how my daughter should approach this should she be arrested . ? I am also concerned for the outcome for my grandson , although my daughter is a fantastic mother and that is not compromised by a her stupid behaviour.
Expert:  Jo C. replied 1 year ago.
She admits the offence I presume?
Customer: replied 1 year ago.
Yes but not with intent on doing serious injury . She apologised the very next morning and before she knew of any damages , as my daughter helped the girl back up and she was walking.
Expert:  Jo C. replied 1 year ago.
On the facts that you have provided above she should be making a no comment interview.
Whichever way you look at this, she is guilty of an offence. Unless a caution is on the table at the police station she should not be admitting the offence. There is nothing to be gained in doing so. It is unfortunate that she has sent a text apologising. If they still have that then it will be used against her. Can't be altered now though.
If there was an injury leading to an operation then it is going to be either a s20 or a s47 assault. Either do carry a risk of custody Im afraid.
They are not likely to pursue a s18. If they do then she would have a strong defence to that if the incident was as you describe.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

my daughter and the girl mentioned are bith in thier 20's ! why does this then turn to a s20 or s47 ? hen her abilty to mother my grandson is not the issue.

Expert:  Jo C. replied 1 year ago.
Because it is either a S20 GBH or a S47 ABH.
No, her child care obligations are not the issue and do not amount to mitigation and would be disregarded by the sentencing court.
Social services may well have an interest in an offence of violence.

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