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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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My partner and s brother were together and after a few

Customer Question

Hi
My partner and his brother were together and after a few drinks his brother flipped out. He is on medication for mental health problems and their mother tells me that he has been expressly told not to drink. My partner was unaware of this.
He tried to calm him down and then it all settled and my partner went to bed - then he could hear his brother smashing glasses so went to see what he was doing and his brother kicked him in the face. There was a struggle and a knife on the seat stuck in his leg.
In the meantime someone else called the police and when they arrived they arrested my partner because his brother was the one bleeding. They have charged my partner with common assault and all this seems rather unfair because I have seen what his brother is like on many occasions.
Is there anything that can be done about this now that the police have charged him?
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 10 months ago.
Will his brother give evidence against him?
Customer: replied 10 months ago.
No he will not give evidence against him
Customer: replied 10 months ago.
The brother says that he said nothing at all when the police talked to him
Customer: replied 10 months ago.
Hello?
Expert:  Jo C. replied 10 months ago.

Is there evidence from other memends of the public? Is it the brother that was stabbed or your partner?

Expert:  Jo C. replied 10 months ago.

Members of the public

Customer: replied 10 months ago.
no no-one else there. The brother was cut with the knife. I am 303 miles away so I didn't witness this. I don't understand why they charged my partner when his brother started it.
Expert:  Jo C. replied 10 months ago.
Probably because they don't accept he did.
Expert:  Jo C. replied 10 months ago.
Or possibly they say the use of the knife moves the actions of your partner from lawful self defence into an assault
Customer: replied 10 months ago.
Also I thought that they couldnt charge him if his brother doesnt want to press charges
Expert:  Jo C. replied 10 months ago.
Oh yes they can.
Expert:  Jo C. replied 10 months ago.
They've doing that for years.
Customer: replied 10 months ago.
No-one used the knife
Expert:  Jo C. replied 10 months ago.
He must have made a statement and they probably have evidence of the injury.
Expert:  Jo C. replied 10 months ago.
Well somebody must have done otherwise how he could have been cut with it. Although a common assault isn't really conflate t with a cutting injury.
Customer: replied 10 months ago.
But they tell me that they both said that the knife was on the seat and it was an accident
Customer: replied 10 months ago.
basically they don't believe my partner that his brother started it. So if I can get evidence that the brother is always doing this will that help. He is on medication.
Expert:  Jo C. replied 10 months ago.
that could be one explanation. The person with greater injury does tend to be considered the victim tin the uk.
Expert:  Jo C. replied 10 months ago.
You have to make a bad character application to use evidence like that and the test is a high one. The problem may be the knife. To be wholly honest, it's not very likely that the bench are going to accept the knife was either there accidentally or used accidentally.
Customer: replied 10 months ago.
if his brother went back to the police station and said he started it would they drop the charges
Customer: replied 10 months ago.
there is nothing we can do?
Customer: replied 10 months ago.
It just seems really unfair as my partner hasn't seen his brother for a while because he has been so aggressive in the past but he said he was on medication and doing well so he agreed for him to visit to try and be encouraging
Expert:  Jo C. replied 10 months ago.
Only really put them to prove.
Expert:  Jo C. replied 10 months ago.
It is fair to say it is quite unlikely that anybody would accept this was an accident but they may need his brother and be unable to secure him.
Customer: replied 10 months ago.
I don't understand the last bit - they have released my partner and he and his brother are together where we live
Customer: replied 10 months ago.
It was an accident - they were on our boat and the deck knife was on the seat.
Expert:  Jo C. replied 10 months ago.
Then that would tend to suggest they aren't relying on his evidence. If your partner has told them in interview that it was accident then it's game over as they will rely on that and the magistrates won't accept that account
Expert:  Jo C. replied 10 months ago.
I'm really sorry but it is not very likely that will be considered credible.
Customer: replied 10 months ago.
Why - if they both say it was an accident
Customer: replied 10 months ago.
He did tell them that because it is the truth
Expert:  Jo C. replied 10 months ago.
Then they will prosecute on the basis of what he said in interview and he will probably be convicted I'm afraid.
Customer: replied 10 months ago.
Originally they said they were going to charge him with gbh and then , he says that they accepted it was an accident and charged him with common assault
Customer: replied 10 months ago.
nothing we can do then
Customer: replied 10 months ago.
what will convicted mean
Expert:  Jo C. replied 10 months ago.
Not if he has already made these admissions in interview.
Expert:  Jo C. replied 10 months ago.
I must admit that I would have charged it as an ABH at least but I suppose I haven't seen the injury and they might not be able to prove that.
Customer: replied 10 months ago.
if he gets convicted what will happen
Customer: replied 10 months ago.
if he is convicted of common assault what will that mean
Customer: replied 10 months ago.
do we need a solicitor or is there no point?
Expert:  Jo C. replied 10 months ago.
Does he have any previoius?
Customer: replied 10 months ago.
over 8 years old
Customer: replied 10 months ago.
will they bring that into it
Customer: replied 10 months ago.
This has gone on with his brother all his life - it is why I moved him 303 miles away - obviously wasn't far enough.
Customer: replied 10 months ago.
He has not been in any trouble for ages because he has been away from his brother - he has started a college course and done all kinds of things to improve his situation. and now...
Expert:  Jo C. replied 10 months ago.

For what offence?

What sentence did he receive?

I'm happy to continue with this but please rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 10 months ago.
I am not sure exactly what the charge was before my time - they were sentenced to a year served 3 months. I think ABH?
Expert:  Jo C. replied 10 months ago.

Sorry, I lost my connection.

That will be considered but it is a very old conviction so shouldn't make much difference.

The knife injury will place you at risk of custody although it depends on the nature of the injury. It cannot be severe or it would not be a common assault.

I also do wonder if they can only accept your argument about an accidental finding or they would have charged you with possession of an offensive weapon too

Customer: replied 10 months ago.
he has a court date for end of july - we have only been living in our new place for a few months so how do I go about fu=inding a good solicitor
Expert:  Jo C. replied 10 months ago.

Did he not have a solicitor in interview?

Customer: replied 10 months ago.
will his brother have to attend?
Expert:  Jo C. replied 10 months ago.

Well, it depends how they put their case.

I think probably not as he has admitted at least something in interview and also they have bailed him to the same address as his brother which suggests he is not a witness.

Customer: replied 10 months ago.
no - no solicitor at the interview
Expert:  Jo C. replied 10 months ago.

Where is he in the country roughly?

Customer: replied 10 months ago.
lowestoft
Expert:  Jo C. replied 10 months ago.

Try Credence Law Group.

I'm not sure if they will cover in that direction but they do certainly cover the Suffolk area.

Customer: replied 10 months ago.
thanks - this has all been very helpful. I was very distressed.
Expert:  Jo C. replied 10 months ago.

No problem. All the best.

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