Assault Charges

[organicfairy]

My ex-partner headbutted me a week ago, drawing blood. He was drunk and his and my kids were all witnesses. He then chucked his kids in the car to drive them to his mothers whilst well over the limit. I called the police who arrrested him and charged him with common assault and drink driving. From what I've read it should have been at least ABH if not GBH rather than common assault that he was charged with. Is this right?
Also, what sentence is he likely to get? - he's been imprisoned previously for threats to kill his wife and police and assault on a minor and has various drink driving and drugs offences under his belt too.
Will he go down?

[Elley]

If he's been charged with common assault section 39 it will be not
More than 6 months jail but likely outcome will be community service for 2 years and a course

[FredPuli43]

What , a simple cut to the head as grievous bodily harm? Never. The skin on the head , the skull, cuts very easily on impact. Agree it could be abh; there was actual bodily harm albeit nothing serious. Did the police see the injury? Did you get medical attention? The choice of common assault by beating ('battery') rather than abh may be one of evidence.

We don't know precisely what his record is but a second offence of drink drive in a fairly short time and with a high level reading, or serial drink driving, usually means prison in itself. That apart, and unknown, he may well get a short sentence in jail anyway. Domestic violence, threats to kill with intent that the victim fear that they be carried out, and the like, are regarded with disfavour by the courts. Beyond that, it's impossible to say.

[DaisyNonna]

What do you mean when you say they are looked on with disfavour?

[FredPuli43]

You are more likely to get jail, Daisy.

[Elley]

Meaning threats to kill "I will kill you " if one goes into hiding etc really scared

[Elley]

But the court most often take it as heat of the moment if no previous convictions go threats

[black_cat51]

how much time did you spend in hospital ?

[DaisyNonna]

Thanks Fred

[organicfairy]

i didn't spend any time in hospital - i couldn't get there because of my kids. The threats to kill were also when he was drunk - he threatened his wife with an axe then when the police came he threatened them too, basically he was on the rampage. The court date is set but I want to know if I drop the charges/retract my statement will the hearing still go ahead?

[DaisyNonna]

Why would you want to do that?

[black_cat51]

yes it can do.
if you didn't even have to go to hospital, i doubt it should ahve been GBH

[organicfairy]

One more thing - i actually pushed him down the stairs prior to him headbutting me which I have been denying to the police and everyone else. He wanted to make a counter-allegation about this but the police dissuaded him due to no witnesses. If I confess to the police will it make an difference to the outcome of the court case? (Starting to feel a bit guilty, though he headbutted me at least an hour after I pushed him!)

[organicfairy]

Daisy - see my last post. Thanks Black Cat

[organicfairy]

What about ABH Black Cat?

[FredPuli43]

Can't think that pushing him down the stairs makes a difference. It was not him acting in self-defence that made him butt you! It wouldn't have been a defence even if you pushed him and he butted you in return at the time. It is not a reasonable thing for him to have done.#

Don't whatever you do try to get out of speaking in court. The CPS will compel you to attend anyway. It won't work. And why should you let him get away with it? He'll not stop doing it; look at his record; until he is stopped. You owe it to yourself and other women who he might take up with

[organicfairy]

Thanks Fred. He's told the police that he's going to plead guilty so will I still need to attend court? They've also asked if I'd be prepared for my 7-year old daughter to give video evidence but I don't want her to. Will this make a difference?

[FredPuli43]

If he pleads guilty, you won't have to attend. Can't think it likely that the prosecution will want to have a 7 year-old give evidence at all, though I can see that the thought of it might help him to make his mind up to plead guilty.

[Elley]

No she doesn't have to he will get a community service sounds likes domestic got out of control

[FredPuli43]

Dear me, elley. In another thread you were apparenly suggesting that, community service, for someone convicted of gbh with intent to cause gbh, when the starting poiint is 4 years jail, and now you are saying this is community service. The man has a history, including threats to kill a partner intending that the victim be in fear of their life, and he is drink driving well over the limit, and that not for the first time. If he stays outside, he's a lucky man.

[Elley]

Just talking abt threats and DV not drink driving