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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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I have just been involved in a road rage where both parties

Customer Question

Hi.. I have just been involved in a road rage where both parties are at fault but the other party has the upper hand as i touched the person which count as an assault and showed the other party cricket bat with no intent to use it but i was scared thats why. What sort of out come there could be. I am a family man and dont want to end in prison... I am scared... never done this before but i was going through deperession recently due to heavy medication and was under so much pressure at work as i was a victim of racist comments and in this incident as well i was racially acused by the other party. please help
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
what could happen to me Jo... I am scared as i havent been involved in this sort of things before and i am a family man. Y GP knows I have been so down (depressed) as well as my Occupational heal advisers know and my consultant knows that because of so many medications i was depressed and have been a victim of racial comments at work place which is being investigated and right after 3 days of which (yesterday) this has happend... what will happen now Jo... I am scared
Expert:  Jo C. replied 2 years ago.
What did you do with the cricket bat?
Customer: replied 2 years ago.
just swung in the air as there were two guys and one guy said "f**k off you Paki before I kill you" I was scared.
Customer: replied 2 years ago.
I dont justify my action I am so sorry for what I have done but they were cyclist and one who made that comment spat at my car and thats how it all started
Expert:  Jo C. replied 2 years ago.
Who called the police?
Customer: replied 2 years ago.
they did... there are no witnesses but theres a traffic camera which might have recorded all this ( if its working). Jo please help. I am a normal law abiding citizen who made this first mistake after they provoked me. My medication also have harsh effect on me.. I didnt sleep at night and not eating.... I have kids and job... dont want to loose all that... please please please help
Expert:  Jo C. replied 2 years ago.
Well, there is no way around that then.
It is not the touching of them particularly although that is a common assault but only very minor. It is the cricket bat.
That does amount to various offences. The police will probably say it is an offensive weapon although on the case law it is not if you had it with you for it's innocent purpose and used it immediately. There is a very old case on that point.
But there is no way around the fact that it is a S 4 public order.
They may offer a caution possibly.
Ultimately though you can only either tell the truth or answer no comment. If the truth doesn't amount to a defence and they are not offering a caution then it should be a no comment interview.
Do no refuse the solicitor you will be offered.
Can I clarify anything for you?
Customer: replied 2 years ago.
I am telling the truth and showing remours for my action but how would I know that they will offer a caution. what are other possibilities and who would I know whether to have no comment interview. I have never done this before. I confused please explain Jo
Customer: replied 2 years ago.
Also I play cricket and not just a bat but whole cricket kit always stays in the car... not with the intent to use it as weapon
Customer: replied 2 years ago.
in your opinion... what shall i do... start an interview with no comment ?
Customer: replied 2 years ago.
however i did tell the police that i shouldnt have done what i have but i was provoked
Expert:  Jo C. replied 2 years ago.
Unless they are prepared to caution it should be a no comment interview.
there is nothing to be gained by offering this account in interview.