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What is the likely sentence for common assault involving road rage?
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If found guilty by the magistrates (when pleading not guilty) of common assault causing minor injuries to an off duty police officer, in the alleged context of road rage, what is the likley sentence? Would factors such as current studying for a degree, volunteering with young offenders and volunteering as a counsellor, or having a baby on the way be relevant to reduce or remove the risk of a custodial sentence?
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No best answer has yet been selected by paradisekidd. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.If this victim was not apparently a police officer, was in ordinary clothes and 'off duty' and not acting as a police officer at the time then there's no aggravating factor in their being a police officer .If so , you can forget that aspect
Being 'road rage' doesn't help ! But you're not likely to get a custodial. The mitigation from character (degree study, volunteering etc) should, if possible, be supported by some documentary evidence. If you have some fine upstanding person to speak in court as to how well they know you and what your good character is , that the offence is out of character etc that helps too !
I think the key word, annlinda, is �in the execution of his duty� (Police Act 1996 S89).
It seems that paradisekidd has been charged with Common Assault and it therefore follows that the CPS decided that although his victim was a police officer, the offence did not take place in the execution of his/her duty.
The appropriate starting point for Common Assault is a Community Penalty and the defence would no doubt argue (probably successfully) that even if the victim made it known that he/she was a police officer it does not aggravate the offence sufficiently to cross the custody threshold.
It seems that paradisekidd has been charged with Common Assault and it therefore follows that the CPS decided that although his victim was a police officer, the offence did not take place in the execution of his/her duty.
The appropriate starting point for Common Assault is a Community Penalty and the defence would no doubt argue (probably successfully) that even if the victim made it known that he/she was a police officer it does not aggravate the offence sufficiently to cross the custody threshold.
Annlinda, you are not alone in thinking that about 'assault be beating ' that is 'battery' , on lists and as a charge Why, we don't have an offence of 'battery occasioning actual bodily harm' !.It may be that somewhere in the reporting of crime statistics the authorities require this strange condescending into particulars. More likely , someone with no knowledge of practice has been looking in the law books. Fagan v Metropolitan Police Commissioner [1969] Q.B. 439 does, apparently, say in passing that strictly, assault is an independent offence and should be treated as such, but you'd be hard pressed to find a practitioner in the Crown Courts who'd ever seen a count for 'battery' [Statement of Offence: Battery, contrary to s39 of the Criminal Justice Act 1988. Particulars of Offence : A B on the -day of - - , assaulted J N by beating him ] on an indictment.
It's a long time since I have done any crime, but I understood there were two ways of committing the actus reus of common assault. One is by the victim apprehending the fear of immediate unlawful violence (ie no contact necessary), the other is by the application of any unlawful force - ie battery. Normally "charged as x did on date assault y by beating"
But I am probably completely wrong and that's why I don't do crime anymore!!!
But I am probably completely wrong and that's why I don't do crime anymore!!!
Its actually for my partner, and the words 'wind my neck in' have certainly passed his lips! The judge said he did not accept the coppers version of events but because my partner admitted that it is entirely possible contact was made but it was certainly not intentional or sufficent to cause the injuries presented, the judge basically said that was admitted recklessly assaulting the copper?! Better than them accepting prosecution case that my partner jumped out of his car and punched the guy in the face though - that would've been 6 months I guess. In fact the photos of the injury were taken 1 hour before the 'event'! If we had a proper solicitor it should've been thrown out of court on that really.
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