Assault/Actual Bodily Harm/Grievous Bodily Harm

The law says an assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence. The victim need not be put in fear but must be aware that they are about to be subjected to violence. If the victim does not anticipate unlawful personal violence there is no assault.

“Actual bodily harm” is more serious than “Common assault”. This offence is usually charged by the police when there is an assault which results in bodily harm which means any injury which is more than a minor injury. Hence in respect of the police charging decision the most important factor to consider is the “level of injury”. If the injury is more than transient and results in an injury which requires medical intervention the likelihood is that it will be charged as actual bodily harm.Read More

FALSE ACCOUNTING, FRAUD THEFT & OFFENCES OF DISHONESTY

This is the sort of offence the police would consider charging a person where they are alleging that you have provided “false or misleading documents or indeed destroyed documents to make a gain or benefit for yourself”.

It is important to note that you cannot commit this offence unless you are aware of the deceptive nature of the documents in question. There is an overlap between this offence and that of “theft “and in police interviews the questions will invariably cover both scenarios.

In my experience such offences require careful analysis of the Prosecution case and analysis of evidence of records which are normally supplied in disc format to analyse the evidence. It also requires analysis of company policies and procedures in place used for accounting purposes. On many occasions having defended people charged with such offences it has transpired that the training of staff and auditing of the company’s own accounts is lacking in best practice rules which means that there are considerable errors in the production of that evidence.Read More

HMO Landlords Making Your Life Easier

Chances are that if you are reading this page you own property in London. You might be a landlord who owns several properties and this isn’t your first property. Hence you could easily be renting lots of rooms in your property to different people. This is quite common in London. Are you completely sure of the HMO Licencing laws and Selective License conditions. I can assist and advise you through this application process. Selective licencing has been introduced in 8 London boroughs.

This in essence gives councils wider powers to implement selective licencing in areas with a higher proportion of rented accommodation. If you have 2 or more unrelated people living in it whilst sharing basic amenities and at least one person paying rent then that property is defined as a HMO.Most Landlords are being robustly prosecuted by the London Boroughs, and in most cases the fines are in millions. Most of the issues arising in criminal prosecutions is over who is managing an HMO? This is defined as the owner or lessee of the premises who receives rent from persons who are in occupation as tenants.Read More

SEXUAL OFFENCES

In my experience clients who are accused of sexual offences feel isolated and are more vulnerable than those accused of other criminal offences. It is difficult to discuss it with your family and friends. The connotations of being accused of a sexual offence means that you are labelled in society and all sorts of safe guarding issues within the community are raised. If it is within the family structure it involves social services and may also ultimately result in a breakdown in the relationship.

Being charged with Rape or Attempted rape is a serious offence. The maximum penalty is life imprisonment. This is saved for the most serious of all such offences. However, the starting point for the least serious category of rape is 5 years with the category range of 4 to 7 years.Read More