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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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I am a female that was physically and verbally assaulted

Customer Question

Hello, I am a female that was physically and verbally assaulted last night, the person shoved and smacked me with a belt outside of a nightclub for no reason other than telling him not to touch me, another girl was also punched in the face. The witnesses at court will also include bouncers that have seen it happen and were assaulted as well. I also have footage of him physically charging at me and assaulting me, making death threats about using a gun. Me and my husband has not fought back at any moment and the police has cctv footage of the incident. I am left with scratches all over my arm. What are the charges this person might be looking at?
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Was this just scratches?

Is that your only injury?

Customer: replied 4 months ago.
I got scratched being held by his friend up in the air while he had a wrapped belt around his hand and shoved me with it. There were many racial slurs (about Americans), and many death threats. He also charged at many other people, including as I said earlier another female that got punched in the face.
Expert:  Jo C. replied 4 months ago.

Ok. So what were your injuries?

Customer: replied 4 months ago.
My injuries were several deep scratches and a bruised shoulder.
Expert:  Jo C. replied 4 months ago.

I would expect it to be charged as a common assault on the face of it.

Expert:  Jo C. replied 4 months ago.

The sentence would depend really on his previous really. On a first offence people do not get hefty sentences for common assault.

Expert:  Jo C. replied 4 months ago.

It could be charged as a racially aggravated common assault maybe.

Expert:  Jo C. replied 4 months ago.

If this is a common assault then it is really difficult to say what he would get. Unless he has horrendous previous then it would lead to a community order normally

People don't get custody on a first offence.

Expert:  Jo C. replied 4 months ago.

If he has horrendous previous then he could well get custody.

Expert:  Jo C. replied 4 months ago.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
He already got arrested and made bail today. But they investigator is encouraging me to take further action as the video is very clear and uncooperative with police and security.
Expert:  Jo C. replied 4 months ago.

Yes, he was always going to get bail.

They weren't going to remand him for this.

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