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ramu001 | 15:03 Sun 18th May 2008 | Criminal
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hello, can anyone tell me whether i can be charged of assault under sec. 47 ?
one day i was playing cricket with my two other freinds and while coming back we noticed that our house door is locked and my partner has done it, we didn't have the key so we were waiting for him and just then a came and asked for a fag. we said we don't smoke but then he started abusing us and racially abused us and challanged us for a fight so in order to scare him away i took the bat and asked him not to come near me. but he got more angry and started coming towards me it happened for 5 minutes and suddenly he jumped upon me and i hit him with the bat only on the leg and he didn't get any hurt at all. and he tried to come back again by that time one of my freind had called the police. he also hit my other freind with a stick ,brought by his girlfreind.
the police came and arrested all of us.we were also charged of assault. so can be in trouble?
though it was self- defence. can we be convicted?
since this is not my home country, will i be able to go back whenever i want? plz help us.
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See a solicitor. This dfoes seem to be self defence but you need to speak with someone who can go over the whole matter with you and arrange representatiuon in court.

If you have been charged you will have a court date. Seek legal advice as soon as possible.
none of this makes sense,please say it in english.
S.47 requires to things - the act of committing the offence, which you clearly did - hitting him with the bat.

and the intention or recklessness to case ABH - which again, was present with you taking the bat to 'scare him'

however, you did so, as you said in self-defence. Now, if you hit him in the leg, and only the leg, in order for him to leave you alone - plead self defence and you should be aquitted.

Also, the guy who attacked you will be charged with Assault and also S.47 and also Racial abuse - so, he's looking at a prison sentence and you can be looking at an aquittle.

my advice would be consult a solicitor.
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