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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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We reside in the uk my father was recently arrested in

Resolved Question:

Hello we reside in the uk my father was recently arrested in Belfast for ABH on my mother. They were both very intoxicated and she had fallen 2-3 times before getting back to the hotel... She falls in the corridor and then my dad is unable to lift her into the room and he is on cctv kicking her twice to get up. The court hearing is in September ... My father has never been charged with any offences of this or any other before and is 66 years old can you advise me on what the best course of action is to clear this horrible stupid drunk incident up. He currently has bail conditions which he is adhering to. I want more advice on anything else we can do to help him in this and also the likely hood of any prison sentence? Please help a distressed family!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What were her injuries?

Customer: replied 1 year ago.
She had bruising but she is on medication that she bruises very easily and having fell before hand it is hard to know where the injuries start and end and how much of them contribute to my father. She entered the hotel with a bleeding nose from already falling down. However the solicitor is stating that it is irrelevant what happened prior to this down to the cctv
Expert:  Jo C. replied 1 year ago.

The CCTV is a problem.

If it shows him kicking her then it is game over realistically.

The only debate is over whether or not her injuries were severe enough for ABH.

Expert:  Jo C. replied 1 year ago.

I must admit that I would have charged this as a common assault rather than an ABH. Bruising alone would not normally reach the charging standard.

Expert:  Jo C. replied 1 year ago.

If this drops down to a common assault there is no prospect of a custodial sentence.

If it turns into an ABH then there is a chance but it is not likely on a first offence.

Expert:  Jo C. replied 1 year ago.

It will be a community order of some form.

The kicking is an aggravating feature especially if it is with shod feet as that is a weapon on the caselaw.

Expert:  Jo C. replied 1 year ago.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
my father hasn't denied what he did was wrong and I as his daughter wouldn't be asking this if I thought he Intentionally meant to hurt her. My mother doesn't want this either it is not as if she wants to separate from him. She asked me earlier if a letter from her would help anything or likely to cause more damage ?
Expert:  Jo C. replied 1 year ago.

Not if they have CCTV evidence that identifies them both and shows him doing this.

They would prosecute on the basis of that alone.

Customer: replied 1 year ago.
Ok thanks for your help I guess it's something we will have to wait and see. It's just horrendous and our family have never had any police dealings this is very traumatic.
Expert:  Jo C. replied 1 year ago.

Yes, it is awful and a huge waste of public money.

But that is their current policy I'm afraid.

Customer: replied 1 year ago.
Just one more questions is it worthwhile hiring a barrister or other solicitor to take this on over there or over here ?
Expert:  Jo C. replied 1 year ago.

You should get legal aid for an ABH.

There isn't much difference between the quality that you get if you pay privately really.

Customer: replied 1 year ago.
Thanks for your help you've been very helpful in stating the facts
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

Please remember to rate my answer.

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