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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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On a night out, i stepped in when a person was racially

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On a night out, i stepped in when a person was racially abusing a shopkeeper. The person then aimed the abuse at me. He was holding a stick and i believed he was going to hit me. So i hit him several times, knocking him to the floor. I then took the stick from him and walked away.I have now been charged with GBH with intent.Q1.)Have i got a chance in front of a jury of self defence even if this person did suffer several fractures on the face?
Q2.) I have been told by people to look on his Facebook, where there is posts about violence, drug dealing, bragging about being arrested for offensive weapons and more! Should i report this now or when i instruct a barrister use this at a later date?
Q3.) I have also heard that this person is trying to find details on me and my where abouts, and there is Facebook post to show this. Should i report this to the police, or will this then alert them about my plan to use his Facebook against him and his character?

Hi - when did this occur and what sort of stick was this man carrying? who called the police?

do you have any previous and how old are you - thanks

Customer: replied 4 months ago.
Occurred in April. He was carrying a kind of walking stick but it had scarves wrapped round it and tied to it. Its been confirmed he doest need a walking stick for any medical reasons. Minutes before i turned up CCTV shows him flexing his muscles and puffing his chest out etc... I'm 6 foot 4 and 17 stone, he 6 foot and 15 stone. My brain at the time computed that any large tattooed racist drunk guy holding a stick and openly confronting me being my size, is highly likely to get violent. And by his Facebook posts, i computed correctly.Im 36, owner of my own private jet company, literally just had a new born. Have a semi paralysed left arm (technically I'm registered disabled). Just bought new house. Did have an ABH about 4 years ago, got a curfew, and was told by judge to appeal as the magistrates did a poor job in finding me guilty. Solicitor didn't appeal with in time. Also had a common assault 18 years ago, when 18.A cab driver witness says i was in great mood and great spirit. A witness at the scene, confirmed racial abuse. All caught on CCTV.I don't know who called police. Think it may have been his friends, 1 male and 2 female.
Customer: replied 4 months ago.
At the time i thought he was holding a mop, as thats what it looked like with scarves around it. I said that in interview. It was only in interview they showed me the stick that i threw out the cab window 10 metres away when i was safe.However he was knocked out, had fractures to face and apparently needed surgery... On his Facebook he's asking anyone to drop him off £50 worth of drugs to the hospital also.

Hi.

1 Yes, but it is very hard to run with such severe injuries. It is an issue of reasonableness and it is hard to justify that level of assault.

2 I'm not sure what you are hoping that will achieve? You can find gold dust on social media often but none of the points that you raise above would get past the rules of evidence so far.

3 I wouldn't bother. Unless you have specific posts in which he is commenting upon this case or inciting violence towards you there is no point. It is not that it would alert him per se. Fundamentally, you cannot get past the rules of evidence with this information anyway.

Can I clarify anything fro you?

Jo

Customer: replied 4 months ago.
Hi, yes can you clarify rules of evidence?I think this can only be dealt with in Crown Court? No chance of community service or suspended sentence if found guilty?I presume the prosecution will try and portray him as an innocent victim. As the police haven't even taken a statement from 2 people that were in my cab. Nor the guy in the petrol station. Nor are they bothered about the report i made of his racial abuse.
What I'm trying to achieve (and is clear across his social media) is this guy is a drug taking, drug dealing, violent, weapon carrying, police hating and habitual cause of public disorders (all to his own admission)...So presume it would be in my interest to alert a jury that this is the person i was confronted by, racially abused by and made a preemptive strike towards.

No. There are whole libraries on the rules of evidence. People study them for years. Can't be condensed.

To introduce attacks upon character of a crown witness you have to show that

  1. It is important explanatory evidence i.e. without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case; and its value for understanding the case as a whole is substantial (section 100(2) CJA 2003);
  2. It has substantial probative value in relation to a matter which is both in issue in the proceedings and is of substantial importance in the context of the case as a whole. In assessing this value the court must have regard to the following factors:

The points you are raising above do not fall into those categories.

Although you don't know what is there until you look. He may well comment upon the offence in some way.

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