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Jo C.
Jo C., Barrister
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Two charges of assault on the original neighbours from hell. 1,Assault

Customer Question

Two charges of assault on the original neighbours from hell.
1,Assault by beating(him)(section 39)
2,Assaulted(her)(section 39)
The specific details of both charges I strenuously deny and that is I frog marched the male to his front door and through him to the ground
I spat at the female.
What actually occured is that I regrettably became involved in a three way slanging competition at their front door. Whilst shouting at her face to face she felt I was spitting at her.
On leaving their property he followed and I felt a hand on my neck/collar.I wouldn't know his intention if in fact he knew himself. When I turned I grabbed his forearm and marched him back to his front door. From this point whilst continuing to row and whilst stepping backwards and up inside his property he stumbled although not completely to the floor.
Unfortunately these people are OAP's and I regret this. What I didn't know is that the owner of my property left largely because of them and immediate neighbours both sides have had run-in's with them also.
To highlight the scale of the problem living next to these people I moved here in Dec2012 and have been up for sale ever since.
I would rather drop £10k in selling/moving costs than stay next these people.
If the good die young as the saying goes then these people will be immortal!
I have no record and it should be noted that I am a community bus driver with CRB badge these days. Probably the most popular individual after some 8 years service with mostly OAP's in our firm.
Any thoughts and would I make my magistrates appearance later this month speaking for myself?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

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

Was there something you wanted to know in particular about this trial?
Customer: replied 1 year ago.
Likely penalties please?
Expert:  Jo C. replied 1 year ago.

Thank you for the information. I just need ten minutes to dictate an answer if thats Ok?
Customer: replied 1 year ago.
Yes thank you. Would I take myself along to the magistrates on my ownsome or do I require professional assistance?
Expert:  Jo C. replied 1 year ago.



Thanks for the information.

I do completely understand why you are angry about this. Unfortunately the vexatious complainant is the bain of the criminal courts.

Dealing with the first allegation, its quite difficult to tell what the facts are here. I imagine its something like a single push. If there is no injury arising and this isn’t a vulnerable person then the sentencing guidelines do say the appropriate sentence is a fine.

I have to say that Magistrates do usually manage to find at least one aggravating feature though sufficient to justify a community order.

On the second matter, spitting presents a problem for the criminal courts. On the one hand it causes no injury unless there are issues over contagious diseases which is rare. On the other, it is disgusting and most courts would accept that it is aggravating for that reason.

Also, the fact of two assaults would probably be considered sufficient to aggravate the situation so a community order is likely. 

Which community order would depend on the recommendation of Probation. Where a person has no drugs or alcohol issue though and has just got involved in a one off dispute that could really have happened to anybody, a community order like supervision for a short time is often appropriate.

Also, if you lose after trial there would be costs of about £600 ish.

Unfortunately the Court might also make you pay compensation to the complainant of a small amount.

They may be asked to impose a restraining order as well. CPS are getting very free with that power even though its not really appropriate here.

I am sorry but I have to give you truthful information.

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

On your last point, are you in work?
Jo C., Barrister
Category: UK Law
Satisfied Customers: 65331
Experience: Over 5 years in practice.
Jo C. and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
I just want to repeat that the man had his own mis-hap and no intentional spitting occurred. These loathsome old people have fabricated this to bolster their complaint which is infuriating.
Expert:  Jo C. replied 1 year ago.
Yes, of course they have. People are always lying in the course of a criminal trial. There's not many complainants that don't have lots of previous convictions themselves.
Customer: replied 1 year ago.
Just finally Jomo-do I take myself alone to court. What would you recommend?
Expert:  Jo C. replied 1 year ago.
Are you working?

I need to assess whether you will get legal aid or not.
Customer: replied 1 year ago.
Yes I am working
Expert:  Jo C. replied 1 year ago.
Its always better to be represented than not.

You might not get legal aid if you are working. They have brought in very restrictive rules. You should certainly apply at court.

In any event, since this is an offence of violence the Court will appoint a part 36 advocate to cross examine the complainants even if you do not get legal aid and do not instruct solicitors privately. They will not allow you to cross examine them yourself and, in fairness, it wouldnt' be in your interests to do that.

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Jo C.
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