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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70195
Experience:  Over 5 years in practice
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Madamme My father was hit by a neighbour across the

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Dear Sir/Madamme
My father was hit by a neighbour across the head with a wooden stick. The prelude was that my dad and mum were sitting in the garden talking someone then threw a piece of stick into the garden (presumably as they were unhappy about the sound of conversation). When my dad came out to see who it was the henighbour hit him with a stick.
Now, the police have filed a common assault charge and neighbour will appear in front of a magistrate.
Two questions kindly i would like to ask you about
1. Shouldnt this be a battery charge and not assault as there was physical contact
2. Am i able to appoint a lawyer to present my dads case before the magistrate to represent the victim (my dad) as this has happened in the past with same neighbour and he also continually plays loud music that my parents complained many times before and overall i dont feel like the substance of the situation is being considered by the police
Thank you very much
Viktor
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.
On your specific points above
1 Common assault does involve a battery. It is the same offence. There is an offence of common assault by apprehension only but it isn't used very often.
2 No. This is a prosecution by the Crown. That will be brought by CPS.
Can I clarify anything for you?
Jo
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