How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Madamme My father was hit by a neighbour across the

This answer was rated:

Dear Sir/Madamme
My father was hit by a neighbour across the head with a wooden stick. The prelude was that my dad and mum were sitting in the garden talking someone then threw a piece of stick into the garden (presumably as they were unhappy about the sound of conversation). When my dad came out to see who it was the henighbour hit him with a stick.
Now, the police have filed a common assault charge and neighbour will appear in front of a magistrate.
Two questions kindly i would like to ask you about
1. Shouldnt this be a battery charge and not assault as there was physical contact
2. Am i able to appoint a lawyer to present my dads case before the magistrate to represent the victim (my dad) as this has happened in the past with same neighbour and he also continually plays loud music that my parents complained many times before and overall i dont feel like the substance of the situation is being considered by the police
Thank you very much
Thank you for your question. My name is ***** ***** I will try to help with this.
On your specific points above
1 Common assault does involve a battery. It is the same offence. There is an offence of common assault by apprehension only but it isn't used very often.
2 No. This is a prosecution by the Crown. That will be brought by CPS.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you