Section 18 assault charge, yet he wasn't there?

confusingstuff | 13:51 Wed 28th Mar 2012 | Criminal

42 Answers

Hi and thanks for any advice in advance.

My son is in custody on remand and facing a section 18 assault charge, which is going to trial this week. however i am 100% certain he didnt do it as he was with me at the time!

Yet he has been arrested for it, there apparently was only the victim at the scene of the crime and no other witnesses.

This person has known my son for several years and named it as being him, and did a id parade and identified the person as my son as commiting the assault to him.

How does this stand in a court of law and trial? im standing as a witness to give my wereabouts and my sons on the relevant day

there are no other witnesses at all just the victim and the id parade

Going to court for the first time

Miss-carriage of Justice.

Answers

1 to 20 of 42

1 2 3 Next Last

Best Answer

No best answer has yet been selected by confusingstuff. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.

rowanwitch

Worrying for you... have you anything to back up your argument that your son was with you.. did you go anywhere where you might have appeared on CCTV etc cinema tickets...did anyone see him coming/going. I suspect from my experience at jury service there will be some who regardless of the evidence put forward would make the assumption a parent would lie to protect a child and consider the ID parade more compelling. I hope things go as you wish but without extra evidence I'd be worried

confusingstuff

Question Author

apparently this crime happened at 2am ish in the middle of the night, so we would all have been sleep, my son never had a key or anything to leave my house as not so long ago my other younger son was kidnapped and we moved under a protection order so i was high on security

rowanwitch

I guess you just have to hope you can convince the jury...

EvianBaby

Where did the alleged incident take place?

confusingstuff

Question Author

wierd that a innocent person can be taken for something he didnt do :(

confusingstuff

Question Author

ive heard from my solistor that it was in the middle of a local park at 2am and nobody else was apparently there

-- answer removed --

bednobs

why is he on remand?

confusingstuff

Question Author

the court remanded him due to the nature of the offence, (thats what judge said months ago)

-- answer removed --

bednobs

it seems odd to me that he's on remand - were the injuries particularly bad?

confusingstuff

Question Author

erm, the person was apparently left lieing unconscience in the park till someone phoned the police (the someone wouldnt give his name and address).

-- answer removed --

confusingstuff

Question Author

oh and this someone assisted the victim home, and the victim isn't naming this person either .. very confusing

confusingstuff

Question Author

so guess meaning the unlucky sons?? my son was kidnapped at a young age, beat and stripped naked and celotaped to a chair and im getting sarcasm???????????

joko

i dont think you can give him and alibi as actually you were NOT with him at the time!
... you may have believed you were, but you were alseep and in a different room... that will not be taken as being with him.
you were 'unaware' of him at 2am.

you say he couldnt get out...but if he wanted to i am sure he would find a way... a court will not take your word on this.

has he any reason to have wanted to harm this person?
and has this person any reason to lie and want to frame your son?

if the person was unconscious i would imagine they would want to absolutely certain the person responsible got punished.

its not like they are strangers and he looks a bit similar... the person KNOWS him
is there aany other evidence? Dna? fibres? fingerpronts?

i think you need to have a good talk with your son as at the moment he appears very guilty im afraid...

EvianBaby

Both of your sons were kidnapped?

confusingstuff

Question Author

no my younger son was kidnapped

EDDIE51

You were NOT with your son , you were asleep in a house close to the place where the assult took place and he was in a diffrent room. He could have gone out assulted the other person and come back without disturbing you he could have got out by unlocking the door from inside or got out of a window. Don't try and say it is impossible to get out of your house , the court are NOT going to belive it
Sorry but S18 is VERY serious , just one step down from attempted murder.
The fact that he has been remanded in custody reinforces my thoughts that there must be strong evidence against him.
Your son is looking at a jail term of several years and it looks like the evidence against him is strong.

1 to 20 of 42

1 2 3 Next Last

Do you know the answer?