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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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UK Related. I was attacked about 2 weeks ago and hit my head

Customer Question

UK Related. I was attacked about 2 weeks ago and hit my head pretty hard. Initially I was completely fine but in the last 1-2 weeks I've had some strange symptoms so went to the doctors and he diagnosed me with concussion.The person that attacked me was charged with assault and is awaiting trail. Is concussion still classed as common assault? (even though the diagnosis is 1-2 weeks after the incident)
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
It is a bit of a borderline condition really. Applying strict legal principles it would be an ABH but on the current charging practice it would remain a common assault. ABH adds another hurdle for the crown to overcome and also carries a crown court trial increasing the risk of acquittal. Can I clarify anything for you? Jo
Customer: replied 9 months ago.
Do you mean that ABH would be hard to "prove" so to speak so they would just drop it back to common assault so that it's a quicker and easy conviction and therefore, mainly pointless to bring up even though ABH "should be" the charge? So it's a hurdle in the sense that they don't really want to bother when common assault is an easier charge to bring against him as he's already admitted it.Also, you mentioned ABH carries a crown court trial increasing the risk of acquittal. Would that be you saying it increases the chances of them not getting charged with ABH (hard to prove concussion) or do you mean that in a crown court trial, if they don't get charged with ABH, they don't just drop it back down to common assault (a lesser charge) -- The whole case essentially get discarded.He would then not get convicted for "common assault" either?
Expert:  Jo C. replied 9 months ago.
Yes, it is harder to prove because of the extra layer of showing an injury.An acquittal means found not guilty upon everything.

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