Abh Charge/court Hearing Soon

[Ali1990]

Hello All,

Please can you help? I'm 28 years old and I have never been convicted of any crime and this is my first ever court hearing. What will happen at this hearing? Please kindly read the below to understand the situation.

Thanks.


Incident 1:

I went to my local shop in the morning to get my food and drink. I waited at the queue but realised that I was blocking an aisle so I stepped back,
further away from the till. Then Mr. M joins the queue and tells me why I'm standing there like an idiot and "why don't you fu*king move up".
So I tried explaining to him that the reason I was there was to not block the staff & customers trying to get to the aisle behind me. But he wouldn't listen
and kept calling me Stupid & idiot. So I ignored him until the other customers purchased their items and then I went to the till to purchase my Items and so did he.
He left the shop and then few moments later I left the shop.


Incident 2:

When I left the shop, I headed home. As I walked towards home, he was still parked near the shops and from his van he was showing me middle finger
and shouting something in the van, but I couldn't hear.
So I shrugged my arms to say "what the". Then he pulls away up to the top of the road, rolls his window down and yells at me to come over there.


Incident 3:

I went to his window to see what he wanted, he begins yelling at me again. He was saying "why was I being a *** at the shop" "You're a *** idiot"
So I said "No, you're the one who was being a *** to me" "you were being aggressive towards me at the shop"
So he says "Who you talking to" in an aggressive way.


Incident 4:

He opens his van door and as I was about to turn, he punched me 2-3 times on the head. I fell down to the ground and saw blood falling on to the road.
As I was on the ground, he was kicking me on my lower back. Then, when I tried to get back up, he got me on a headlock and began punching me on the head again.
That's when I started punching him on his side to get him off me. But he didn't let go until the lady with him, got out of the van and told him to get off.
After he let go, I was bloodied and abit dazed but I told him I'm calling the police. He said "fu*king call the police"
Before he got in his van, I took a picture of his van. He drove off but remained near to the scene of the attack. I called the police.


Incident 5:

While I was waiting for police there were some people around him, one lad on his bike, rode past me and mocked me saying "you don't look too good mate"
There were other people around, one female with her baby spoke to me asking if I was alright and If I needed an ambulance but I told her I called the police.
When police arrived, they spoke to Mr. M first and then they came over to speak to me. They saw that I was bleeding very badly and searched me.
Then they handcuffed me and took me to the A&E.


Incident 6:

At the A&E, the two officers waited with me for around two hours. They were very polite & caring. PC Hicks took photo evidence of my injuries.
The officers told me it was very important to check it's not life threatening injuries.
The doctor finally arrived and that's when PC Hicks and her colleague left me at the A&E.
The doctor's did an xray and found no life threatening injuries. But I had a broken nose, bruises to my head and under my eye. The doctor gave co-codamol for the pain.


At the station, Mr. M accused me of punching him through the car window, which is 100% false, as I have never assaulted anyone. I used work at the NHS and I've sometimes had to deal with aggressive people but I've never punched anyone.

If you need more information, please ask me.

Thanks everyone!

[Pyxis]

Were there any cctv cameras in the vicinity of the assault? They might corroborate what you are saying about who started it?

Any witnesses from the shop incident? Shop cctv?

What injuries, if any, did the other guy sustain? If none, that might strengthen your case.

Also in your favour is the fact that YOU called the police, not him.

Am just wondering, though, why you went over to his car when he started shouting at you, and why you didn't just carry on walking home?

[murraymints]

if there are no witnesses and no CCTV it's your word against his..I suspect it will go no further if that is the case... but everything in your favour given you called police ..but only an opinion..legal beagles will be along..... best of luck..hope your injuries are healing..keep on walking if there is a next time

[Ali1990]

@Pyxis
There are CCTV cameras in shop because it's also a post office. And the witnesses could be the shop staffs and some customers.

Also, the guy didn't sustain any injuries that required him to be taken to the A&E but later he claimed that he had a chipped tooth.

Also, I went over to his car to explain the situation, I know I'm dumb. But I have lived on my street for 20 years without any problems with anyone or the law. He was just so aggressive and I don't know why.
This has affected me very badly, I already suffer from anxiety. I hope everything will be okay at the hearing?

Thanks for your help!

[murraymints]

there may be film of the post office/shop but the actual assault ? however his behaviour in shop prior to incident can only serve you well..I would not worry too much...

[EDDIE51]

The first court hearing will ask if you want to plead Guilty or Not Guilty. You MUST plead not guilty! The hearing will then immediately be adjourned to give time for the 2 sides to prepare their case. From what you say ,you have a very strong case.You need to instruct a solicitor. Go to your nearest solicitor who deals with criminal law (not all do) and tell them the full story. You do not have to pay anything in advance. You are 100% certain to win and all your costs will be paid by the court and then added to the defendants costs.

[Neveracrossword]

Eddie, 'you are 100% certain to win' is something you are most definitely not qualified to say!

[douglas9401]

Do your local police routinely handcuff assault victims?

[New Judge]

Before I get bogged down in what might happen, first things first: have you actually been charged?

[Ali1990]

@NewJudge Yes, I have been charged via Postal Requisition and hearing will take place at the Magistrates Court.

@douglas9401 I honestly don't know because I have never been in trouble with the law until now. I've never had to attend court for anything.

[New Judge]

"Yes, I have been charged via Postal Requisition and hearing will take place at the Magistrates Court."

Then have you been served with the "Initial Details of the Prosecution Case" (IDPC)? You must be provided with this before you enter your plea (and in a reasonable time to enable you to study it or have it studied by a solicitor - handing it to you on the day of your first hearing is not satisfactory). This should contain the statements and any other material the prosecution intends to rely on to secure a conviction. If you have that, what does it contain?

When you have it I recommend you consult a solicitor. If they go to trial these "I said, he said, I did, he did" cases are notoriously difficult to handle as a defendant. It requires cross-examination of prosecution witnesses which is a skill even some lawyers have difficulty properly mastering. You will be able to take advantage of the “duty solicitor” service on your first appearance only. He or she will be able to look at the evidence against you and advise you on your plea. But for subsequent hearings you will have to arrange your own representation. Your local Citizens Advice Bureau should be able to provide you with a list of local solicitors who will provide a free initial consultation (and contrary to Eddie’s advice, not all do). If you plead Not Guilty and are acquitted you should be able to claim your defence expenses but at Legal Aid rates only (which again is somewhat different to Eddie’s advice).

On a practical note, ABH is an "either way" offence, meaning it can be dealt with either in the Magistrates' Court or the Crown Court. From your description of events it appears to be at the lower end of seriousness and I suspect the Magistrates' will agree to retain jurisdiction. However, if you plead not guilty you have the right to a trial in the Crown Court before a judge and jury. The duty solicitor will explain all this to you.

[Peter Pedant]

many thanks NJ

if I dont thank you no one will

[Peter Pedant]

go for jury trial - 67% chance of being acquitted

(magistrates tend to be a gullible lot - actually one said - if we dont believe the Police - who DO we believe? This kinda lets on how their 'minds' work)

[Ali1990]

Hello Everyone,

Just wanted to update you and thank you for all your support and advise, much appreciated!

So case has been...DROPPED! Such a relief as I was innocent. Not sure what happens now but my solicitor has advised me that I shall hear no more of this matter.

Thanks again so much,

Kindest Regards,
Ali.