section 39 assault by beating(battery)

[jayney 12]

hi can anyone help?
my 24 year old son was out at the weekend with some friends when they were aproached by a drunken idiot looking for a fight he was verbally abusive towards them, my son and his friends decided to leave and go to another club to avoid trouble but the drunk kept getting in their way being abusive, my son told him to go away and when he wouldnt he gave him a push to move him, the drunk lost his balance a fell to the ground and seeemed to pass out, my son was arrested and has been charged with section 39 and told by police to plead guilty and he will just get a small fine as the drunk soon got up and was fine, when my son protested and told the police that he never actually hit anyone they said that because the man was rendered unconcious they had to charge him with this, since the event several people who witnessed the event have said that y son didnt hit him and that the man actually suffers from fits and it was a fit that he had had on the night in question, does y son have to plead guilty to this just to make the police's life easier or should he fight it, he is in magistrates court next week, any help would be gratefully recieved.
thanks in advance

[New Judge]

No, he most certainly does not have to do anything of the sort.

Common Assault (Section 39) offences are among what are known as �summary� offences and as such can only be dealt with at the magistrates� court.

Nonetheless this is a serious matter and the offence carries a maximum of 6 months imprisonment. Your son should seek legal advice and review the evidence against him with his legal advisor.

If the events were as you described he will probably be advised to enter a not guilty plea. If he does so the case will be adjourned and a trial arranged.

The onus is on the prosecution to prove the offence and your son does not have to prove anything. However, if he does have any witnesses to support his version of events he may need to call them to give evidence.

Proper legal advice is imperative.

[jayney 12]

thank you so much for your help, he is talking to a solicitor today i just wanted to get an idea of what sort of action to take, i really hope this wont affect his record as there is a chance he could be heading off to oz sometime and this wouldnt look good on his visa application

[lawquery]

Hi my friend is in a similar position at the moment - what did your son get in the end? was getting a solicitor worth it?

[Dasheeki]

Hi,
My friend is currently on tag and is about to come out next month, him and his friends has been accused of beating up a boy and all his friends got off after going to the station but they have told him that they are charging him for assault by beating and that he has to appear in court next month. He says he did not do it and he is scared that he will go to prison for this because his on tag. Should he get a solicitor?

[Dasheeki]

Hi,
My friend is currently on tag and is about to come out next month, him and his friends has been accused of beating up a boy and all his friends got off after going to the station but they have told him that they are charging him for assault by beating and that he has to appear in court next month. He says he did not do it and he is scared that he will go to prison for this because his on tag. Should he get a solicitor?