Defence Advice

[Orior]

I met a guy at a party (X) at the weekend who is due in court in a few weeks on a charge of assault. He’s self employed, no criminal record and has never been in trouble with the police. Mr X runs his business out of his garage and would often find the exit blocked by neighbour Y. Mr X called over to Mr Y and asked him to desist from parking in front of his garage. Mr Y has a reputation for violence and he’s known to the police. He has at least one “stay away� order against him after he was caught breaking the windows of another neighbour.

Anyway, one day, Mr X was working in his garage at a vehicle when he heard someone come up behind him and put their hands around his neck. As he was being strangled, Mr X hit out with a spanner he had in his hand, and injured Mr Y. The two of them then traded punches before Mr X went and phoned the police.

The police came and arrested both parties then released Mr Y, but kept Mr X in overnight (presumably because Mr Y had more injuries than Mr X. That same night someone scrapped a screwdriver along Mr X’s car and he had his windows smashed in.

I worry that Mr X may be sent to jail for defending himself in his own property from a bully and a thug. Any ideas of a good defence? What are his chances? Is it okay to discuss this sort of thing without affecting the court case?

[Derek]

First up (if it's not already been done before) I'd make sure X speaks to a lawyer.

Is Y also in court for assaulting X? What kind of injuries were there to either party?

[peanut]

Best to ask mouqeet as he's a lawyer.

Personally it sounds like British justice, totally unfair.

I got into a fight many years ago, and I admit I came of worse, but I managed to somehow leave a slight scratch on the other person, and it was me that gone done for it, yet I was only defending my self at the time.

I feel sorry for Mr X though, the vic don't seem to stand a chance these days.

[Orior]

Originally Posted by Derek S

First up (if it's not already been done before) I'd make sure X speaks to a lawyer.

Is Y also in court for assaulting X? What kind of injuries were there to either party?

I assume that he has a solicitor involved. He said if he looses he will have to pay the court costs which will put him out of business.

I dont know if the other guy has also been charged. I hope he is!

[Derek]

Originally Posted by Orior

I assume that he has a solicitor involved. He said if he looses he will have to pay the court costs which will put him out of business.

Much as I have a healthy distrust of defence lawyers they are the best people to speak to. Scotland has a different legal system to England/Wales and I'd assume N. Ireland has it's own way of doing things as well. Something that would work over here might fall on it's behind over your way.

Originally Posted by Orior

I dont know if the other guy has also been charged. I hope he is!

Could be interesting if he is. If he wasn't it may have been because his injuries were worse, X used a weapon etc.