How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

What were her injuries?

Customer: replied 7 months 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 7 months 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 7 months 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 7 months 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 7 months 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 7 months ago.

Can I clarify anything for you?

Jo

Customer: replied 7 months 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 7 months 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 7 months 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 7 months ago.

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

But that is their current policy I'm afraid.

Customer: replied 7 months 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 7 months 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 7 months ago.
Thanks for your help you've been very helpful in stating the facts
Expert:  Jo C. replied 7 months ago.

No problem.

All the best.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice