Society & Culture2 mins ago
common assault
a friend of mine defended herslf in her friends property and was attacked by her so called friend my friend was badley injured but the attacker had her charged with common assault this was the first time she ever been to court and was she was found guilty, she still strongly denys this as she was defending herslf and is registerd with a disbailty she is training as a teacher assisant to speacial needs children she was told that she was conditionaly discharged for 18 months can she appeal aganist the sentance
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simple answer is yes, she can appeal. Speak to the solicitor who represented her at magistrates.
However, most appeals are only successful if there is provable (still beyond all reasonable doubt) evidence that has either since come to light or can since be disproved.
I know she is your friend, but to be found guilty of anything nowadays is fairly difficult. If her injuries are bad, what went wrong? What damning evidence convicted her? If it was her word against the prosecution, then that is rarely proved beyond all resonable doubt. There must be some (more than likely independant) evidence she needs to challenge.
However, most appeals are only successful if there is provable (still beyond all reasonable doubt) evidence that has either since come to light or can since be disproved.
I know she is your friend, but to be found guilty of anything nowadays is fairly difficult. If her injuries are bad, what went wrong? What damning evidence convicted her? If it was her word against the prosecution, then that is rarely proved beyond all resonable doubt. There must be some (more than likely independant) evidence she needs to challenge.
It's not uncommon for people to start by defending themselves and then to cross the line.
For example if somebody attacks you and you strike them, you've a claim of self defense. If you continue to hit them after that, probably not. If you hit or kick them when they've then gone to the ground then you're way way over the line.
If the other person sustained multiple injuries rather than just one that's going to look less than self-defense.
Remember too that no matter how well you know your friend you are still hearing the story the way she wants you to hear it
For example if somebody attacks you and you strike them, you've a claim of self defense. If you continue to hit them after that, probably not. If you hit or kick them when they've then gone to the ground then you're way way over the line.
If the other person sustained multiple injuries rather than just one that's going to look less than self-defense.
Remember too that no matter how well you know your friend you are still hearing the story the way she wants you to hear it
the injurys caused by the claimant was a graze to the head my injurys were swollon ankle have difficulty in mobility and black bruises to the right arm and left arm, her son who was 14 at the time wittnessed the attack and addmitted that his mother threw the first punch. as i didn't have any wittness i belive that due to my dissabilty i could not have done what they said i was arrested for burgly dwelling with intent to steal {my own freeview box} then later charged with common assault i belive i was not given a fair trail. please let me know if i could appeal as when you know your innocent whers the justice
Ahhhh, so you are the convicted.
From what you are saying, it does appear a travesty. I would sack yur legal aid team and start afresh.
I do not know the reasons behind your "unfair" trial, but if legal aid or your own funds permit, maybe come from a human rights issue as under the European Convention everybody is entitled to a fair trial.
Good luck.
From what you are saying, it does appear a travesty. I would sack yur legal aid team and start afresh.
I do not know the reasons behind your "unfair" trial, but if legal aid or your own funds permit, maybe come from a human rights issue as under the European Convention everybody is entitled to a fair trial.
Good luck.
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