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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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Hi my son his in court for common assult him and his brother

Customer Question

Hi my son his in court for common assult him and his brother were drinking and then had a fall out my youngest son pushed his brother who fell. My yongest son then walked away, doing so his older brother came up behind him and started a fight. Which ended up being a full blown fight.
People around tried to spilt them up then a man ( being the landlord) grabbed my youngest son and some others on my eldest son and eventually spilt them up. The landlord had grabbed hold of my youngest son and didnt let him go and started to take him outside my youngest son as then thrown a punch to this man and then left. My son never knew who this man was at all. They have cctv footage and also the landlord had a lock in serbing after time . I know ot doesnt give my son the right to hit anyone he as been done for fighting before 2 yrs ago then last year for drunk and disorderly. Does he plead guilty or not guilty ?? Theres a lot of ifs ; like if they hadnt had a lock in this wouldnt have happened as it was at 2 am in the morning. If my other son hadnt walked up behind him while he was walking away. And if the landlord had not grabbed my youngest. I would like to state that the dj who works there knew my sons which he told the landlord to leave them as they are brothers and let them be
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.

Who is he said to have assaulted?
Customer: replied 4 years ago.
My youngest son is getting done for common assult on the landlord as when the landlord grabbed my youngest son to throw him outside my son didnt know who this was.
Customer: replied 4 years ago.
The landlord
Expert:  Jo C. replied 4 years ago.
Does the CCTV show him laying hands upon the landlord?
Customer: replied 4 years ago.
Yes it shows the landlord grabbing my youngest son when he was fighting with his brother then it shows my son punching the man ( landlord) as the hes dragging him out like i said my son didnt know who this was
Expert:  Jo C. replied 4 years ago.

On those facts there's no real option but to plead guilty.

I suppose, in academic law, you could argue that he was acting to protect his brother because he didn't know the identity of the landlord but there are always difficulties with that. Firstly, if he was trying to pull him away from a fight then it gets hard to argue that he may have been an aggressor. Secondly, he will be saying that he identified himself in some way or another.

Its always worth assessing their evidence to see what the CCTV does prove. Actually landlords often have better things to do than give evidence over fights that took place months ago. Even if it was recent now by the time this gets to trial several months will have passed.

If the landlord loses interest then they will have to drop down on the CCTV but they can probably still prove a S4 public order which attracts the same sentence as a common assault.

Also, there is always a risk if you got the wrong prosecutor that they could react badly and charge it as an affray on the facts you describe.

Hope this helps. Please let me know if you need more information.