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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70186
Experience:  Over 5 years in practice.
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Jo There has been an allegation that i assaulted someone in my shop .Although there wer

Customer Question

Hi Jo There has been an allegation that i assaulted someone in my shop .Although there were no witnesses & no camera evidence The police have asked me to come for an interview which im told will be taped .I have asked for a solicitor .Problem i have is that i was convicted of a domistic assault very recently & have just done 80hrs comm service ..I feel though that as the alleged victim had hurt himself by overbalancing falling down some stairs trying to throw a punch at me .I even helped him up & wiped some blood off his face .I did not strike him at any time or act aggresively. I should not have a case to answer .The dispute was over some deposit money (£200) Which i gave him back because i felt sorry for him,for getting hurt ,He walked out of my premises unaided
Submitted: 2 years ago.
Category: UK 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.
I am asking (AS per original question) should i have a case to answer .As there are no witnesses or camera evidence .I am claiming he fell down some steps while trying to hit me .I guess hes saying i attacked him .I would not think that there is any medical evidence to support his claim .I have been asked though to come for a police taped interview under caution .So i am concerned
Customer: replied 2 years ago.
especially as i am going through a divorce (my wife left me taking all my retirement savings £230 Grand ) & ive recently been convicted of a minor domestic assault .So this will not go down well
Expert:  Jo C. replied 2 years ago.
If that is your only question then there is a case to answer. He says you assaulted him. He is maintaining that I presume. That is evidence and there is therefore a case to answer.
Whether it will be enough to convict is another matter but there is a case to answer.
Can I clarify anything for you?
Customer: replied 2 years ago.
Yes please .You can clarify .If i stick to my side of events .That is that he fell downstairs while trying to strike me & he is saying i assaulted him, What is the likelyhood of a conviction given that there is no further evidence .Does the CPS take it to court in these circumstances .
Expert:  Jo C. replied 2 years ago.
They will probably prosecute that. I'm afraid they are not going to accept that he fell backwards without any pressure from you.
Customer: replied 2 years ago.
No im saying he fell forward having tried to land a punch on me which i side stepped & avoided .I was one step down so he was punching down which meant he overbalanced
Expert:  Jo C. replied 2 years ago.
I'm really sorry but Im afraid they are likely to prosecute unless he is wholly incredible.
Customer: replied 2 years ago.
Thanks for the info .Thats worrying .Theres one more point .The £200 that he said he wanted .I gave it to him as i said that i felt sorry that hed hurt himself . That must stand for something .Why would i give him the money if i was angry enough to hit him .If they do prosecute though thats still not getting a conviction ! But id rather not be on bail etc.Seems hard that they would prosecute though when they possibly would not have a good case.
Expert:  Jo C. replied 2 years ago.
People are prosecuted all the time on weak evidence I'm afraid. In particular for domestics and sexual offences.