My son's friend was involved in a skirmish with another chap. My son's friend was taking a pasting, so my son intervened to stop the fight. The fight lasted about two minutes, yet my son and his friend are charged with ABH. The other chap's girlfriend is witness for him. It transpires that the other chap has convictions for assalt against his G/F and my son's barrister wants to bring up the previous convictions. Wil this help my son.My son only acted in breaking up the fight
2007-08-13 04:31:08 · 11 answers · asked by Nicknoname 1 in Politics & Government ➔ Law Enforcement & Police
Err Lib con I posted on the UK Board. It says Uk and Ireland on my webpage. So dont be rude.....
2007-08-13 04:38:43 · update #1
I think it will boil down to reasonable force. It depends on how heavy handed your son was.
As for Yank below, yes we do have our own board. It's up to you dim yanks to stop UK questions appearing on your page in your options.
PS Impressed that you understand the conecpt of 'another country'
2007-08-13 04:36:21 · answer #1 · answered by Marky 6 · 4⤊ 1⤋
When you say the girlfriend is witness for him do you mean for your son or the other guy? If it's for your son ths should help his case quite a bit. If it is against him then it could look badly however if the barrister can bring up this convictions then it would show that the other guy has a violent nature and the barrister could use this to say that she'll defend him as if she doesn't is she afraid of what he'll do to her.
Plus you have the old story about partners creating false statements. His past looks like it wil be a key factor here in helping your son. Plus it would also help if your son has a clean history.
2007-08-13 11:50:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I don't think they will be able to bring up his previous convictions, they aren't (no matter how much we think they are!) relevant to this case, which is what is being tried. It will be difficult unless that particular avenue is opened up by the prosecujtion. Antecedents are only divulged after a verdict against a defendent - usually! Your son's barrister may be able to ask the g/f about his behaviour toward her but think the prosecution may object.
I'm assuming this is Crown Court? as barristers are involved - if so he needs just to stay calm and answer as concisely and politely as possible no matter how rattled he gets - I know it will be difficult but as calm as he can be, without appearing too nonchalent!
If it's Magistrate's Court, the magistrates may already be acquainted with the other chap, if he has previous convictions - again he just needs to stay calm. Let the barristers'/solicitors sort out what evidence can be given - it's procedure I'm afraid and can sometimes seem a little biased. Please just tell him not to interrrupt (no matter how tempting!)
I take it you'll be there? The opposite side may be in the waiting room/area, do try not to get into any debates with them no matter if they try to provoke a reaction. Take care, if you need any asisstance see one of the ushers, it can be quite daunting I know.
2007-08-13 15:30:08 · answer #3 · answered by groovymaude 6 · 0⤊ 0⤋
Your son should have been given a copy of any previous convictions that the other party has, same as your son's previous convictions if any will be given to the other side.
Your son's barrister will be able to bring the other parties convictions up in court.
2007-08-13 12:05:53 · answer #4 · answered by st.abbs 5 · 0⤊ 0⤋
So the other guy is a gact a witness. if your Barrister wants to bring up his previous convictions then good on him. it will help to discredit the witness. if your son has previous convictions these should not be mentioned until sentancing if found gulty
2007-08-14 11:29:25 · answer #5 · answered by Scouse 7 · 0⤊ 0⤋
EVEN WITH THE OTHER GIRLFRIEND THERE. YOU ONLY KNOW WHAT YOU HAVE BEEN TOLD. ANY MUM WANTS TO STAND BY THEIR SON. HAS HE GOT GOOD SOLICITOR. IF HE HAS NO PREVIOUS CONVICTIONS THE COURT WILL PROBABLY ONLY ISSUE A WARNING TO YOUR SON. THE PRISONS ARE OVERCROWDED AND UNLESS THEIR IS EVIDENCE TO THE CONTRARY DON'T WORRY.
2007-08-13 11:54:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i think it will show the court what sort of person this lad is. but don't worry you will probaly have to pay a fine. i got done for GBH when i was a kid and got 18months conditional discharge and 300 quid fine
2007-08-13 12:54:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes it will help as the only other witness was his girlfriend prior convictions will help expecially if your son has a clean record
2007-08-13 11:41:56 · answer #8 · answered by kerry t 1 · 0⤊ 1⤋
if it goes to trial it cant be brought up until after the result as it will influence jury.expect fine and community service.
2007-08-16 12:45:27 · answer #9 · answered by country bumpkin [sheep nurse] 7 · 0⤊ 0⤋
It should, as it will demonstrate that he has been involved and convicted of this type of behaviour before.
Good luck.
2007-08-13 11:44:02 · answer #10 · answered by Fourcandles 4 · 0⤊ 1⤋