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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
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: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Jo C. replied 1 year ago.
Will his brother give evidence against him?
Customer: replied 1 year ago.
No he will not give evidence against him
Customer: replied 1 year ago.
The brother says that he said nothing at all when the police talked to him
Customer: replied 1 year ago.
Hello?
Expert:  Jo C. replied 1 year ago.

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

Expert:  Jo C. replied 1 year ago.

Members of the public

Customer: replied 1 year 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 1 year ago.
Probably because they don't accept he did.
Expert:  Jo C. replied 1 year 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 1 year ago.
Also I thought that they couldnt charge him if his brother doesnt want to press charges
Expert:  Jo C. replied 1 year ago.
Oh yes they can.
Expert:  Jo C. replied 1 year ago.
They've doing that for years.
Customer: replied 1 year ago.
No-one used the knife
Expert:  Jo C. replied 1 year ago.
He must have made a statement and they probably have evidence of the injury.
Expert:  Jo C. replied 1 year 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 1 year ago.
But they tell me that they both said that the knife was on the seat and it was an accident
Customer: replied 1 year 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 1 year 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 1 year 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 1 year ago.
if his brother went back to the police station and said he started it would they drop the charges
Customer: replied 1 year ago.
there is nothing we can do?
Customer: replied 1 year 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 1 year ago.
Only really put them to prove.
Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.
It was an accident - they were on our boat and the deck knife was on the seat.
Expert:  Jo C. replied 1 year 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 1 year ago.
I'm really sorry but it is not very likely that will be considered credible.
Customer: replied 1 year ago.
Why - if they both say it was an accident
Customer: replied 1 year ago.
He did tell them that because it is the truth
Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.
nothing we can do then
Customer: replied 1 year ago.
what will convicted mean
Expert:  Jo C. replied 1 year ago.
Not if he has already made these admissions in interview.
Expert:  Jo C. replied 1 year 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 1 year ago.
if he gets convicted what will happen
Customer: replied 1 year ago.
if he is convicted of common assault what will that mean
Customer: replied 1 year ago.
do we need a solicitor or is there no point?
Expert:  Jo C. replied 1 year ago.
Does he have any previoius?
Customer: replied 1 year ago.
over 8 years old
Customer: replied 1 year ago.
will they bring that into it
Customer: replied 1 year 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 1 year 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 1 year ago.

For what offence?

What sentence did he receive?

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

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year 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 1 year 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 1 year 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 1 year ago.

Did he not have a solicitor in interview?

Customer: replied 1 year ago.
will his brother have to attend?
Expert:  Jo C. replied 1 year 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 1 year ago.
no - no solicitor at the interview
Expert:  Jo C. replied 1 year ago.

Where is he in the country roughly?

Customer: replied 1 year ago.
lowestoft
Expert:  Jo C. replied 1 year 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 1 year ago.
thanks - this has all been very helpful. I was very distressed.
Expert:  Jo C. replied 1 year ago.

No problem. All the best.