I have recently been charged with section 39 assualt

pele007 | 19:00 Wed 16th Dec 2009 | Criminal

23 Answers

After a night out me and 2 of my mates (who are male and black in race) were walking home. We saw two of our mates from university (who are female and white in race). Who tagged along with us!
These 2 girls that were walking with us were far behind so I couldn’t really see what was going on. A few minutes after we walked past these 2 guys the girls run up to me in disgust, saying you wouldn’t believe how racist those 2 guys are. She stated one of the guy’s flicked his cigarette at her and was saying things like you wh*re what are you doing with them fu**ing ni**ers and so on..
I then walked back to these two guys (this is where I know I went wrong) to find out what they have against black people. When I approached the guy’s one of them immediately started racially abusing me. One of the guys I was with seen this and ran down to see what was going on..
I continued to ask these guys what they had against black people, then all of a sudden one of them punched me and the other guy rugby tackled my mate to the floor then we started fighting.
My other mate who was trying to get a taxi runs down and tries pushing the guy of my other mate but he attacks him as well.
We ended up beating these two guys up and then the police arrived!
These two guys knowing that they were wrong wouldn’t press charges or disclose any information about them and where let off.
We where first charged with affray but those charges have been dropped due to the fact that the other guys weren’t arrested.
Now we are all getting charged for two counts of assault by beating two unknown persons.
There is apparently no CCTV evidence and no victims. The only evidence they have got is said to be a witness.
This is my first offence and I was wondering if we have a good chance of winning this case in court?
And if we don’t what to expect?
Thanks

I have recently been charged with a section 39! Assault by beating

GBH with intent section 18 malicious wounding

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pele007

Question Author

Nok thanks you should be an english teacher!!
My first language is nt english for ur info!!!

Skunnirt they didn't ask any questions about the girls!!
The police man had something against us i think. he was shouting to us that he is going to get us wonderfully fluffed!

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pele007

Question Author

skurnnit i can get intouch with the girls. I'll do that first thing tomorrow.
Do you think there is a big chance of us losing the case?

ChuckFickens

thought you objected to people being judged on here please_sir!

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pele007

Question Author

can u people please stop jokin on my question...
If u dnt have any advice plz don't comment!!

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cherrychapstick

to be quite honest with you ,yes you will lose the case especially when you can't tell us exactly what happened!!
i read your 1st one and you mentioned that they were beating you ,but in this one you have said " We ended up beating these two guys up and then the police arrived! "
why did you go back to the guys you should have been the better guy and walked away!! ,when i your 1st one i never commented as when you said about one of the girls running up to you and saying she didn't believe how racist that guy was ,think she was looking for trouble and she knew what buttons to press ,you went back not knowing truthfully what they said for all you know they could be friends .Did it ever occur to you what you were walking back to !!!

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sumo19

get the to girls to testify for you. There is very little evidence and so seems unlikely there will be a conviction without reasonable doubt

Samantha1982

I doubt you would be convicted due to the lack of evidence, unless there is indeed a witness to the events which took place.However, there is also the factor of the racial provocation to consider,so as previous people have commented, your best bet would be to ask the two girls to give a statement about the events which took place prior to and during the incident.

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D_Laws

It's worth fighting this one to keep your clean record and the fact that assault by beating is not so serious - you're looking at a suspended or non-custodial sentence - perhaps some unpaid work/community sentence. Get a good solicitor and see what others get for similar offences on http://www.thelawpages.com/court-cases/

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