What offence has been committed here

[Photega]

The night before last my bedroom window was shot at, I got up to see what was happening and then whilst in front of the window it was shot again whilst I was in front of the window, luckily it didn't hit me but clearly an attempt was made to shoot me through that double glazed window. What is the Forum's thoughts on what offence has been committed and the severity of that offence?

[wales01man]

What do the Police say?

[jaguarsuk]

Possession of a Firearm with intent to endanger life contrary to section 16 of the Firearms Act 1968.

16 Possession of firearm with intent to injure

It is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not.

http://www.legislation.gov.uk/ukpga/...ted?view=plain

[Photega]

The police say it is NOT a serious incident and the officer assigned who gave me her word she would do a door to door to see if other neighbours were awake at 2am and would report back to me failed to call me back as they were dealing with more serious events.
Many thanks for that link Jags, knew you would give me the correct legal links

[jaguarsuk]

The police say it is NOT a serious incident and the officer assigned who gave me her word she would do a door to door to see if other neighbours were awake at 2am and would report back to me failed to call me back as they were dealing with more serious events.
Many thanks for that link Jags, knew you would give me the correct legal links

No problem, I'm much stronger on Criminal Law than Civil as that's where my studies lay.

[Photega]

Just to amplify this issue for you all I should point that I was in court earlier this year where this person gave a witness statement which was not disclosed to me, the week prior to this my car and caravan tyres were slashed, now we are due back in court for the appeal hearing tomorrow where I now have 3 witness statements which challenge his version of events and I am now getting shot at because I have put up a cctv camera so he cannot come near my car hence the need to use a rifle to shoot at me.

[jaguarsuk]

Just to amplify this issue for you all I should point that I was in court earlier this year where this person gave a witness statement which was not disclosed to me, the week prior to this my car and caravan tyres were slashed, now we are due back in court for the appeal hearing tomorrow where I now have 3 witness statements which challenge his version of events and I am now getting shot at because I have put up a cctv camera so he cannot come near my car hence the need to use a rifle to shoot at me.

Then the Police should be taking this much more seriously as intimidation contrary to section 51(2)(b)&(c) of the Criminal Justice and Public Order Act 1994 in addition to Possession of a Firearm with intent to endanger life contrary to section 16 of the Firearms Act 1968.

Both are very serious offences and the Police have a duty to investigate them properly regardless of any criminal conviction you might have.

51 Intimidation, etc., of witnesses, jurors and others.


(2)A person commits an offence if—

(a)he does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other person,

(b)he does or threatens to do the act knowing or believing that the person harmed or threatened to be harmed (“the victim”),or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence, and

(c)he does or threatens to do it because of that knowledge or belief.

Section 51 (3)(b) makes the S51(2)(b)&(c) applicable:

(3)For the purposes of subsections (1) and (2) it is immaterial that the act is or would be done, or that the threat is made—

(a)otherwise than in the presence of the victim, or

(b)to a person other than the victim.

What is the conviction? What sentence was handed down? And what grounds are you appealing on?

Of course you may not wish to answer those questions dependant on the nature of the offence, which is completely understandable.

[Photega]

Then the Police should be taking this much more seriously as intimidation contrary to section 51(2)(b)&(c) of the Criminal Justice and Public Order Act 1994 in addition to Possession of a Firearm with intent to endanger life contrary to section 16 of the Firearms Act 1968.

Both are very serious offences and the Police have a duty to investigate them properly regardless of any criminal conviction you might have.



Section 51 (3)(b) makes the S51(2)(b)&(c) applicable:



What is the conviction? What sentence was handed down? And what grounds are you appealing on?

Of course you may not wish to answer those questions dependant on the nature of the offence, which is completely understandable.

Hi Jags.
I was arrested for Assault on my former wife, there were no witnesses and she could not show any injury. I was later sent to court in February and convicted of Harassment without violence.
My appeal centres on the fact that the charge related to 2 specific dates however for one which is I drove into her street and thus should have known this was likely to cause her distress my appeal is if I did not until that day know she lived there how could I have known it would cause her distress?
The other is that I left voicemails of a nature which caused her distress, however on the day of the hearing voicemails from a different day which were Not in the charge sheet were played to the magistrates again none of this was disclosed to me at the time so had no opportunity to form a defence. it is on these grounds I am basing my appeal to the Crown court.
To me as a lay person that seems a fairly simple issue to raise.
The person that I believe slashed my tyres did this the week before the magistrates hearing. He is giving evidence to the court as a witness for the CPS that I have now got 3 people's witness statements which utterly contradict his version of events which I had to send to the CPS last week as part of my disclosure and I am surmising that the CPS are now asking him to explain the contradictions raised and thus the shooting incidents.

[jaguarsuk]

Hi Jags.
I was arrested for Assault on my former wife, there were no witnesses and she could not show any injury. I was later sent to court in February and convicted of Harassment without violence.
My appeal centres on the fact that the charge related to 2 specific dates however for one which is I drove into her street and thus should have known this was likely to cause her distress my appeal is if I did not until that day know she lived there how could I have known it would cause her distress?
The other is that I left voicemails of a nature which caused her distress, however on the day of the hearing voicemails from a different day which were Not in the charge sheet were played to the magistrates again none of this was disclosed to me at the time so had no opportunity to form a defence. it is on these grounds I am basing my appeal to the Crown court.
To me as a lay person that seems a fairly simple issue to raise.
The person that I believe slashed my tyres did this the week before the magistrates hearing. He is giving evidence to the court as a witness for the CPS that I have now got 3 people's witness statements which utterly contradict his version of events which I had to send to the CPS last week as part of my disclosure and I am surmising that the CPS are now asking him to explain the contradictions raised and thus the shooting incidents.

Okay, we have discussed this on another thread haven't we.

Did you ever manage to find a legal aid barrister that can assist you? If not try here: https://www.barprobono.org.uk/

Do you have a date for the appeal yet?

Kati or Amethyst could this be merged with the other thread ( http://legalbeagles.info/forums/foru...without-arrest ) as it provides continuity then?

[Photega]

Okay, we have discussed this on another thread haven't we.

Did you ever manage to find a legal aid barrister that can assist you? If not try here: https://www.barprobono.org.uk/

Do you have a date for the appeal yet?

Kati or Amethyst could this be merged with the other thread ( http://legalbeagles.info/forums/foru...without-arrest ) as it provides continuity then?

Hi
Yes but at that time I was not being shot at.
I have not been able to find a barrister and I tried to contact ProBono but was told CAB had to make referral but would not.
The hearing is tomorrow so all escalating in the run up to the hearing in crown court which to my simple way of thinking is indicative of being classed as intimidation
Thanks

[jaguarsuk]

Hi
Yes but at that time I was not being shot at.
I have not been able to find a barrister and I tried to contact ProBono but was told CAB had to make referral but would not.
The hearing is tomorrow so all escalating in the run up to the hearing in crown court which to my simple way of thinking is indicative of being classed as intimidation
Thanks

You need to make it clear when you arrive that if there is a duty barrister able to represent you that you want them, I really hope for your sake there is, but if not then you need to inform the usher you intend to represent yourself.

That you accept that you will not be able to cross examine your ex, but you will wish to cross examine all other witnesses.

Now a bit of court procedure.

When the judge enters you will be asked to rise, do so and once they are at their seat bow to them. You will then be instructed to be seated. When ever you speak you stand.

The Prosecution will first make their opening statement and then you will be invited to make yours. You need to work on something today it should be sufficient to present an outline of your case including the things you are now introducing at the appeal stage.

The prosecution will call their witnesses first and examine them, once they have finished you will have opportunity to question them in cross examination. I would advise you prepare the questions for your ex and the solicitor asks them on your behalf, you know the case they do not. When cross examining you can lead the witness with questions (you can make suggestions) for example "I put it to you that you weren't with Mr Brown on Tuesday evening, in fact you were in the Dog & Duck at the time weren't you?"

After all the prosecutions witnesses have been called they will rest.

Then you will call your witnesses, you will question them and this is called examination in chief. You are not to lead the witness in examination in chief, but if you need to ask a leading question to get an idea in to the magistrates/judge or jurys head then ask it as the last question of examination in chief. The judge will rebuke you for it and you apologise to them, withdraw the question, state you have no further questions and sit down.

The prosecution will cross examine your witnesses and then once the process has been repeated for all your witnesses you will stand to inform the the judge the defence rests.

Closing statements will be made and then the trail will be adjourned for deliberations before a verdict is returned.

Really you should have the opening statement, witness questions and closing statement all written and prepared by now. I fear for your chances if you have nothing prepared as the formality of the court will not be moved to allow for the fact you are representing yourself.

The old English proverb "A man who is his own lawyer has a fool for his client" exists for a reason and I am not trying to insult you, just merely make you understand the gravity of this as if you are unsuccessful on appeal the court will increase your sentence.

[Photega]

You need to make it clear when you arrive that if there is a duty barrister able to represent you that you want them, I really hope for your sake there is, but if not then you need to inform the usher you intend to represent yourself.

That you accept that you will not be able to cross examine your ex, but you will wish to cross examine all other witnesses.

Now a bit of court procedure.

When the judge enters you will be asked to rise, do so and once they are at their seat bow to them. You will then be instructed to be seated. When ever you speak you stand.

The Prosecution will first make their opening statement and then you will be invited to make yours. You need to work on something today it should be sufficient to present an outline of your case including the things you are now introducing at the appeal stage.

The prosecution will call their witnesses first and examine them, once they have finished you will have opportunity to question them in cross examination. I would advise you prepare the questions for your ex and the solicitor asks them on your behalf, you know the case they do not. When cross examining you can lead the witness with questions (you can make suggestions) for example "I put it to you that you weren't with Mr Brown on Tuesday evening, in fact you were in the Dog & Duck at the time weren't you?"

After all the prosecutions witnesses have been called they will rest.

Then you will call your witnesses, you will question them and this is called examination in chief. You are not to lead the witness in examination in chief, but if you need to ask a leading question to get an idea in to the magistrates/judge or jurys head then ask it as the last question of examination in chief. The judge will rebuke you for it and you apologise to them, withdraw the question, state you have no further questions and sit down.

The prosecution will cross examine your witnesses and then once the process has been repeated for all your witnesses you will stand to inform the the judge the defence rests.

Closing statements will be made and then the trail will be adjourned for deliberations before a verdict is returned.

Really you should have the opening statement, witness questions and closing statement all written and prepared by now. I fear for your chances if you have nothing prepared as the formality of the court will not be moved to allow for the fact you are representing yourself.

The old English proverb "A man who is his own lawyer has a fool for his client" exists for a reason and I am not trying to insult you, just merely make you understand the gravity of this as if you are unsuccessful on appeal the court will increase your sentence.

Many thanks for your detailed advice.

I have taken the opportunity to write questions and statements based on what I now know from the CPS disclosures which I was not clearly afforded at the magistrates hearing.

Whilst it may be foolish to represent ones self, I was brought up with a simple understanding that "one cannot have what one cannot afford" I would love to be in a position to instruct the top legal brains in the country but alas I am not so fortunate.

I have limited resources which I work hard to earn, but apart from losing the roof over my head or failing to put food in my belly to be fit enough to keep working and paying the taxes that keep the judicial system in funds then I have no way of paying for that representation.

The court is apparently providing a barrister to question my ex but will not afford me the same privilege to avoid me the need to have to question the witness who has over he last week taken to shooting and damaging my property culminating in him shooting at the window when I was clearly stood in front of that window.

I would as a layman suggest that I have as much if indeed not more to fear from speaking to him than my ex wife has from me with nothing but unproven allegations

[jaguarsuk]

Many thanks for your detailed advice.

I have taken the opportunity to write questions and statements based on what I now know from the CPS disclosures which I was not clearly afforded at the magistrates hearing.

Whilst it may be foolish to represent ones self, I was brought up with a simple understanding that "one cannot have what one cannot afford" I would love to be in a position to instruct the top legal brains in the country but alas I am not so fortunate.

I have limited resources which I work hard to earn, but apart from losing the roof over my head or failing to put food in my belly to be fit enough to keep working and paying the taxes that keep the judicial system in funds then I have no way of paying for that representation.

The court is apparently providing a barrister to question my ex but will not afford me the same privilege to avoid me the need to have to question the witness who has over he last week taken to shooting and damaging my property culminating in him shooting at the window when I was clearly stood in front of that window.

I would as a layman suggest that I have as much if indeed not more to fear from speaking to him than my ex wife has from me with nothing but unproven allegations

I completely understand, but I would have been failing you had I not given you the realities of the situation.

Good luck today and please give us an update later.

[Photega]

I completely understand, but I would have been failing you had I not given you the realities of the situation.

Good luck today and please give us an update later.

Hi all
Well on arrival at court the Barrister appointed to question my Ex during the hearing said that upon arrival they wished to offer a deal to have the charges quashed provided I agreed to not go into her street nor call her directly.
This was agreed providing she agreed to keep her previously promised undertakings to 2 previous courts with regard to restarting my contact with my Dog, so all that remains to be seen is if she honours that agreement.

Many thanks for all your Support

[jaguarsuk]

Hi all
Well on arrival at court the Barrister appointed to question my Ex during the hearing said that upon arrival they wished to offer a deal to have the charges quashed provided I agreed to not go into her street nor call her directly.
This was agreed providing she agreed to keep her previously promised undertakings to 2 previous courts with regard to restarting my contact with my Dog, so all that remains to be seen is if she honours that agreement.

Many thanks for all your Support

I'd say that's a right result for you, I'm really glad. Have a good weekend and perhaps a celebratory beer.