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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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Hi My son is 17 yrs old and a couple of days ago an incident

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My son is 17 yrs old and a couple of days ago an incident accured in a local park which lead to an assault by a 50 + yr old man towards my son.
This man verbally insulted my son picked my son up off of a swing by his throat and then made a leathal weapon out of a Dogs ball throwing device by smashing it against the ground to snap the end off to which he then held up against my son throat marking the area and drawing blood. This was an unprovoked attack by this man who took offence to my son and a few friends all of the same age sitting on the Swings in a park for under 12s at 8.30 at night. My son is due to make a Statement this coming Monday at the Police Station, I would like to know if this is an ABH offence and would appreciate any advice you can give me.
This man is also a Licensed Taxi Driver.

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

Its quite unlikely to amount to an ABH. It depends on the injury of course and I haven't seen that but you are describing injuries amounting to a common assault.

ABH is quite a high test. There have to be fairly serious injuries before that charge is preferred.

Can I clarify anything for you?

Customer: replied 3 years ago.
Hi Joe,
If I was to get into a disagreement in the street with a stranger and I shoved then I can understand that being Common Assault,in this incident a very sharp weapon was held to a very vulnerable part of the body and it does seem unfair that the two carry the same charge. I'm very angry about this and feel this man is just going to walk away with a Caution he has proved that he has Anger issues and he is a danger, he works with the Public as a Taxi Driver does this at least put his License at risk if he gets a Caution? Where is there any Justice in this for my Son? And can you advise further? May I just also add that my Son has 5 witness's .

The issue isn't the surrounding circumstances but the level of injury that separates common assault from ABH.

There is risk that they could deliver a caution. It is often appropriate for a common assault.

He would have to declare a caution for the renewal of his licence and, in fairness, a caution would make much difference from that point of view to a conviction. Whether they will remove his licence or not is another matter. The days have really gone when licences were removed automatically for anything except really grave offences.
Customer: replied 3 years ago.
Hi Joe
What ashame, seems like this man is just going to get a slap on the wrist.
What does it teach my Son apart from the fact that people can do what they want to you to a degree and just get away with it, at least tell me this man may get a Fine.
Yes, you have domestics to thank for that. Common assaults never used to be appropriate for a caution but because of all the issues caused by domestic violence they have become so basically because a caution is better than nothing and nothing is often the option with domestics.

A caution wouldn't meet the criminality of this particular offence.

The truth is that if a common assault is not serious enough for a charge then we shouldn't be wasting resources upon it at all but that isn't current policy.
Customer: replied 3 years ago.
Hi Joe
As pointless as it now seems to go ahead with this I shall still be encouraging my son to do so if only to make it inconvient for this man he also only lives 400 yards down the road from us. If it's not a real matter of concern for the Law it shall be a matter of principle for us, and I can also understand now why some people in some cases feel the need to take the Law into there own hands.
Joe thank you for your help and have a good weekend.
Oh yes, I would report it.

Apart from anything else, the culprit might not accept the caution so it might well lead to a charge.

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Just one more thing Joe, if this man has a Criminal Record for Assault in the past would he still be looking at a Caution?
Not unless its a dissimilar offence.

If he has anything for violence then unless its very old a caution wouldn't be appropriate.