Crosswords0 min ago
section 47
A friend of mine was involved in an altercation where a taxi driver attacked him, my friend hit the taxi driver and they were grappling with each other when i got in between the two of them and stopped it, the taxi driver came off worse and myself and my friend were arrested for assault. My friend admitted to the police that he had hit him and that all i had done was push them apart however the taxi driver claims i was punching him also.
At the police station i was told i was getting charged jointly with my friend with section 47 as pushing someone is also classed as assault
can any one tell me if pushing is classed as assault and explain what it means to be jointly charged
At the police station i was told i was getting charged jointly with my friend with section 47 as pushing someone is also classed as assault
can any one tell me if pushing is classed as assault and explain what it means to be jointly charged
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Section 47 of the Offences Against the Person Act is about assault causing Actual Bodily Harm. (ABH) This is more serious than Common Assault, less than Grievous Bodily Harm (GBH).
Pushing is assault:in fact threatening can be classed as assault, even without a blow.
Jointly charged means that the police are going along with the taxi driver's version that 'you were in it together'.
Whether this is the case is a matter of fact. Your friend should testify on your behalf if your version is true.
The charge is 'either way': it can be tried by magistrates or by a judge nad jury. You can decide. I'd go with ther magistrates.
Pushing is assault:in fact threatening can be classed as assault, even without a blow.
Jointly charged means that the police are going along with the taxi driver's version that 'you were in it together'.
Whether this is the case is a matter of fact. Your friend should testify on your behalf if your version is true.
The charge is 'either way': it can be tried by magistrates or by a judge nad jury. You can decide. I'd go with ther magistrates.
There doesn't even need to be contact for an assault let alone an injury.
It is the "apprehension" of unlawful personal violence with is the assault as such. That is a mere belief, that the victi, will be assaulted.
Similar to robbery (in very laymans term, a theft with violence), a belief that the suspect had a gun, knife will wallop you one, is enough.
If he is any friend at all he should testify in your defence (slightly different in co-defendant cases) but your solicitor should sort it out.
It is the "apprehension" of unlawful personal violence with is the assault as such. That is a mere belief, that the victi, will be assaulted.
Similar to robbery (in very laymans term, a theft with violence), a belief that the suspect had a gun, knife will wallop you one, is enough.
If he is any friend at all he should testify in your defence (slightly different in co-defendant cases) but your solicitor should sort it out.
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