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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70286
Experience:  Over 5 years in practice
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I have allegations of common assault and malicious comments

Customer Question

I have allegations of common assault and malicious comments on me made by my wife in haste and heat of the moment which she repents now about. I have been bailed for about 45 days by police and asked to return on the last day. I am a person of good character, law abiding person and have no other previous convictions or charges. There is no evidence for common assault other than my wife. There are mobile messages for malicious comment which have some swearing words I sent her in the heat of the moment. Assuming and hoping my wife will be reluctant or will not give evidence what are my best chances / options to avoid a conviction ? Its been extremely difficult time for me staying away from my wife and home. I don't want this to prolong further after bail period. What course of action is best to get over this quickly for both of us to go back to our normal lives?(plead guilty or stick to my no comment statement that I did not send messages with an intent to harm her)
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
HiThanks for reaching out. I'm OK to wait for an answer. Appreciate your efforts. Thanks.
Customer: replied 1 year ago.
Hi,
I can't seem to edit the question anymore so adding more information here. I've just been going through the document sent by my duty solicitor and sadly there is also allegation of ABH for what my wife said as me punching her eye and nose which I'm absolutely sure was not the case. She got a black eye I think due to my ring on the finger hitting her forehead when tried to push her back or sustaining it from by falling down on the edge of the bed when I did that. I took care of her to recover from injury and when she visited GP no medication was given and she was fine in a week.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jo C. replied 1 year ago.

Sorry for the delay.

Has she done this before to you or anybody else?

Customer: replied 1 year ago.
No. First time. She is new to the country, not aware of police rules and laws. She just joined a new job after looking for 10 months and been there for 3 days and it was very stressful for both due to sudden change. She's been home sick and didnt have any other family members or friends to share about this or general matters.so approached the police in hope of getting me warned and share her stress.
Expert:  Jo C. replied 1 year ago.

Ok. What are you supposed to have done?

Customer: replied 1 year ago.
Only thing I can think of is I could have avoided sending her the messages and waited for her to get home and discuss. But was too late and she mixed up this and the discussion we were having the previous evening about her employment hours and the falling incident about 2 months back. Obviously police had a story by now and they further exaggerated her version of things. She would not have known the meaning or consequence of giving and signing a statement either.
Expert:  Jo C. replied 1 year ago.

Ok. But what is she saying you have done?

Customer: replied 1 year ago.
The statement she has given is that I punched her nose and broke it (incident 2 mths ago), slapped her twice (evening before the incident), and sent her threatening messages on her way home (day of incident). In general her statement says that I have been treating her rudely everyday and she's afraid I might kill her. (Not sure if its something she said or police put words in her mouth). It's all blown out of proportion really and i know that she realises that too.
Expert:  Jo C. replied 1 year ago.

Does she have a broken nose?

Did you send threatening messages?

Customer: replied 1 year ago.
No broken nose. As I said, she got a black eye the next day. She visited the GP and only got advised of rest. The black eye dissapeared in a week. I did not threaten to do anything to her. I sent messages in a rude tone asking why she was late, what she thinks of herself along with swear words.
Expert:  Jo C. replied 1 year ago.

How did she get a black eye?

Customer: replied 1 year ago.
From previous reply: "She got a black eye I think due to my ring on the finger hitting her forehead when tried to push her back or sustaining it from by falling down on the edge of the bed when I did that"
Expert:  Jo C. replied 1 year ago.

I'm sorry if I am missing the point but that is a common assault?

Customer: replied 1 year ago.
I suppose so. No idea why that is categorised as an allegation of ABH by the police. Could be because my wife described it as punch on her nose causing a broken nose ? (which din't happen but not sure why she said that)
Expert:  Jo C. replied 1 year ago.

A broken nose would normally be charged as an ABH.

If she hasn't got a broken nose then you can challenge this on that basis. It is not the most attractive defence but it is a defence.

Expert:  Jo C. replied 1 year ago.

However, the reality is that there is no realistic prospect that they will drop this. Even if she retracts they will summons her.

Expert:  Jo C. replied 1 year ago.

Even on your version of events these are relatively serious injuries as common assaults go.

They will not let her withdraw for that reason.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
But is evidence not required for broken nose? She went to GP after few days ( can a broken nose wait few days without being attended to ?), and GP turned her away without any medication, scan or further consultation. How can they blindly believe her if she is lying. Also when you serious injuries - there was only black eye as result of pushing, are you referring to anything else.
Expert:  Jo C. replied 1 year ago.

Oh yes, broken noses don't actually need any attendance at all.

Expert:  Jo C. replied 1 year ago.

I think they are probably proceeding on the basis of the black eye which is fairly overwhelming.

Expert:  Jo C. replied 1 year ago.

There is evidence. She alleges assault and has an injury.