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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 45
Experience:  Experience of consumer law, financial regulation and criminal law.
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My wife as accused me of aggravated assault of which I got

Customer Question

My wife as accused me of aggravated assault of which I got arrested for and a court date as been set there's was a commersion but I was acting in self defense I shrugged her off me and she ended up with a bust lip now we're absolutely fine and want resume as happy married couple who has a problem she's not going to attend and wants to drop the charges
Submitted: 2 months ago.
Category: Law
Expert:  JG_Legal replied 2 months ago.

I'm a criminal barrister, I can help with this.

Did your wife give a statement to the police at the time?

Customer: replied 2 months ago.
No no statement was given
Expert:  JG_Legal replied 2 months ago.

Ok, so presumably the police have a photo of her cut lip and a probably a recording of the 999 call she made. The CPS can actually prosecute without a statement from her if they can argue the 999 recording is an exception to the hearsay rule i.e. that the person making a statement needs to make it in oral testimony in court.

The police and CPS cannot force your wife of going to court or making a statement.

At the first appearance (first court hearing) you can use a duty solicitor in court. He/she will fill out a trial preparation form where the relevant issue will be self-defence. It is very difficult to prosecute assault where self-defence is raised where a victim is not present - this is because you're not denying physical contact just the reason you made it.

If you this answers your question please rate me.

Customer: replied 2 months ago.
My wife rang 101 to say my parents came to take our little 1 out of the house and made the allegations that I assaulted her she was in a drunken state would this change anything
Expert:  JG_Legal replied 2 months ago.

How long after the alleged offence did she make the 101 call?

Customer: replied 2 months ago.
A few hours
Expert:  JG_Legal replied 2 months ago.

Ok, that's good. They can't use the 101 recording as it wouldn't fall within the res gestae rule (exception to hearsay). Essentially, they will have no evidence against you if she doesn't attend court.

I think this answers your question, please rate me

Expert:  JG_Legal replied 2 months ago.

Do you require further clarification?

Expert:  JG_Legal replied 2 months ago.

If I've answered your question, please rate me. If not, please ask for clarification, thank you.

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