Court action


#1

Has anyone experience of involvement of police and courts re falls? 

I fell on my partner / carer when climbing stairs and we both ended in hospital with minor injuries. I was arrested and charged with assault as I injured my partner carer. 

i am spending a fortune on barristers to prove to court that falling over is part parcel condition but is adoc so being on stairs is not a deliberate act to hurt my carer. 

Any guidance / experience in this horrific scenario appreciated. 


#2

Hi KiltedNorseman,

I'm really sorry to read about your situation, this sounds like a very stressful time for you. For more guidance and advice please remember that you can call our free and confidential Helpline on 0808 800 0303.We are open on Monday-Friday 9am-7pm and on Saturday 10am-2pm.

Best wishes,

Joanne 


#3

"An offence of Common Assault is committed when a person either assaults another person or commits a battery.

An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.

A battery is committed when a person intentionally and recklessly applies unlawful force to another."

I cannot see how you can be charged with assault...you did not intentionally or recklessly hurt your partner...it was an accident.

How on earth did the police become involved?

Surely your partner explained and didn't report an assault?

Do ring the helpline, this sounds ridiculous!

I cannot believe that a barrister has become involved in this and is taking your money.

GG

 


#4

 

i think it's the C.p.s who decide whether or not there is a case too be answered


And an assault isn't limited to a forceful act of aggression, fear of an assault is also regarded as GG.

Not that i'm commenting on or suggesting its anything too do with his problem.


#5

Falling is a well recognised event.  Just one example of the information available is:

http://www.parkinsons.org.uk/content/falls-and-parkinsons-information-sheet

A Barrister should have been able to find this in seconds in order to ascertain whether your fall was related to your Parkinson's.