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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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When I was a child, my eldest half-brother, hit me with a

Customer Question

When I was a child, my eldest half-brother, hit me with a hammer at the back of my neck. He was demonstrating how to kill a fish, but it was motivated by jealousy and hatred towards me (which still exists). I have had lots of neck pain over the years, and a recent x-ray shows that I am missing a joint as two bones have fused together. The doctor said it would have happened when I was very young. I am now 52, and my brother is nine years older than me. I think I was about 3 or 4 when it happened, but it is having an impact on my life. Are there any options open to me or is it too long ago and was he too young to be considered responsible for his actions?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

How old was he?

Customer: replied 11 months ago.
At least 13, but no more than 15. It was before I started school.
Expert:  Jo C. replied 11 months ago.

Ok. He was a minor.

At that time, there would have been a prohibition upon his prosecution for the criminal offences and anyway generally speaking CPS won't prosecute stale offences of violence.

Expert:  Jo C. replied 11 months ago.

You are also out of time to bring a personal injury claim. You had three years from the date of your eighteen birthday as that is the date upon which you are released from the disadvantage of being a minor.

Expert:  Jo C. replied 11 months ago.

There is also a causation issue as you have to prove that this was caused by his actions and not aggravated by anything else.

I'm very sorry but that is the reality.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
I see. He also attacked me when I was in my 20's and more recently has threatened to kill me (which was overheard by my partner). He also has a gun licence for high powered hunting rifles and shotguns for his work. He scares me.
Customer: replied 11 months ago.
Is there anything I can do to protect myself?
Expert:  Jo C. replied 11 months ago.

You still have the problem of being out of time in either case.

Expert:  Jo C. replied 11 months ago.

If there haven't been any attacks for 30 years they are not likely to start now but you could always have nothing do with him.