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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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hi there, id like some advice about my statement. My male friend

Customer Question

hi there, id like some advice about my statement. My male friend (k) was beaten up by another male (b) in which we met at a pub one evening. Although I played no direct part in this and feel that i have not encouraged the beating in any way i am worried that anything i say could be interpreted wrongly.

For example, my male friend (k) and i had a little bit of a falling out and he told me he was going to kill me in front of the other male (b), this happened in his house. The other male (b) suggested i come out to his car to look for cigarettes, i did this, went outside and sat in his car, put my head in my hands and said 'Did you just hear that he said he was going to kill me'. The male (b) didnt say anything but he then told me to look for some cigarettes in the glove compartment and the compartment to the side of the passenger door. I did this and was looking down, then the male (b) went into his boot and vanished. He had gone inside the house and beaten my friend (k) up quite seriously. Could this possibly be interpret as me being an accomplice? ie could it be interpreted as me having encouraged male (b) even though I feel I did not intend to encourage the beating in any way shape or form. Please can you advise me on this ;-/
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Are the police involved?
Customer: replied 4 years ago.

hi jo, yes the police are involved

Expert:  Jo C. replied 4 years ago.
Thanks. Is your concern being charged with incitement?
Customer: replied 4 years ago.

Yes basically, im worried the police won't find the male (b) who did the crime and i'm worried I may be used as some kind of scapegoat in order for the case to be closed??? I dont know enough about the legal system. My male friend (k) has told police I set the whole thing up, this is completely untrue, I did not set it up or organise it

Expert:  Jo C. replied 4 years ago.
Thanks. I just need 10 mins to type out an answer if thats ok?

Good news though overall
Expert:  Jo C. replied 4 years ago.
Thanks for the information.

It is quite unlikely they will charge you with incitement.

Ultimately they have no other case against you. You didn't deliver any blows. You were there shouting encourage or otherwise doing anything of assistance to the offender.

The motivation to attack him might well have been what he did to you. Often that is the case. People don't get attacked for no reason at all usually. There has to be some act of vexation.

To charge you with incitement they will have to show that you encouraged the other male to take this action with the full intention that he would. Since nobody was sitting in the car with you it would seem they have no evidence on that point.

Incitement is very rarely charged. It involves a high test for the crown.

I have lost count of the number of pub fighters I have defended who would never have acted in the way they did if they hadn't been incited by their girlfriends mostly. That is no excuse of course bit the point I'm making is that the girlfriends are never charged with incitement and sometimes there is stronger evidence of incitement than there is here.

Hope this helps. Please let me know if you want more information.
Customer: replied 4 years ago.

Thanks for the information, it has been a lot of help, I may need to contact you again with any other uncertainties

Expert:  Jo C. replied 4 years ago.
no problem.

Please remember to rate my answer.

All the best.