ABH vs Criminal damage no witnesses

[DJT8877]

My husband was assaulted by our nextdoor neighbour. The neighbour had blocked my husband in and when asked to move his car he refused. Hubby then had to try and manouver round his car to get out the drive way. He came close to the neighbours car but didn't hit it. The neighbour opened the drivers door and has punched my husband 30 times or so to the head and face. Hubby was strapped in and could ony put his arms up to protect his face. As the car is an auto it has rolled into the neighbours car causing minor criminal damage.
Police and ambo attended. The neighbour was arrested and has denied touching my husband and is saying he caused criminal damage to his vehicle.
Husband is now really worried that the neighbour is going to get away with it and he will be charge with the damage.
Any ideas how this may go?

[ummmm]

If your husband was hit 30+ in the head and face what injuries does he have?

[bednobs]

what does your husband's insurance company say? are they involved yet? if not, get onto them. If your version of events is true, it isnot criminal damage, but accidental damamge

[DJT8877]

Hi my husband has cuts to his head and bruising to his ear and nose and a swollen cheek. this has been documented by the ambulance crew and photographed by the police.

Insurance are waiting to see what the police do about the ABH.

[sumo19]

The evidence is the wounds to your husband's face, however if there are no witnesses then I'm guessing it is just your word against his, is there any proof that HE is the one who did it?- Surely there must have been someone that saw something; ask the other neighbours.

The criminal damage thing could become a tricky issue, because your husband was in the car when it came into contact with the neighbours; which could mean (if it was not determined that the neighbour had an influence on you husband because of your actions) not paying attention in a car etc whether that is an offence or not. It largelydepends (in my opinion) whether the naighbour is caught for the assault, which would mean that the car inadvertently came into contact with the neighbours because of the neighbours actions. If he gets away with it, then the damage is an issue. Hope this helps.

There MUST be someone who saw this happen.

[sumo19]

2nd para, third line...** his actions**

[DJT8877]

No this happend at 6 in the morning as hubby is a postie. The neighbour is in the RAF and was in uniform when he did this, will that make a diference?

[zbearspirit]

Hi you mention your car rolling into your neighbour's car. This would never be classed as Criminal Damage but a damage only Road Traffic Collision. Your husbands injuries are more serious, when the assailant was interviewed the officers would have inspected his fists, if he hit your husband the amount of times you said then he must have had swelling to his knuckles and surrounding area. If the assailant is in the RAF he would be sacked if found guilty of this type of offence. I cant believe that none of your neighbours have witnessed what happened, but I can understand them maybe not wanting to take sides in case of recriminations. I can see this case going to trial, and let the magistrates decide.

[sumo19]

hello again. It doesn't seem like criminal damage at all, but if your neighbour argues his version of events etc, that your husband deliberately knocked his car or whatever, then I would imagine it would be become a different issue. It depends how he argues his case that it was your husband's fault for the damage.

The fact that the man is in the RAF surely would not make a difference to how things turned out, he would be treated as any other person would, but the implications of any ruling for his future may be more serious, as he is in the RAF and he has attacked a member of the public. If found guilty I would imagine he would be instantly expelled.

I can also see this going to the court, but if the ambulance and police attended then there should be records and descriptions of the event, photos of the effects on the punches on your husband maybe? All comes down to evidence really and it may so happen that there is not enough of it and the case is dropped due to lack of evidence or something?