Common Assault Query

[Piesie]

Hi all,

I am possibly going to be charged with common assault as a result of a dispute in a restaurant. The waitress alleges I assaulted her by pushing her over (which I did not) whilst leaving. I have not yet been interviewed by the police but am due to speak to them next week. Can anyone tell me:

(a) How likely is this to go to court?
(b) If found guilty what is the likely punishment (it would be my first offence)?

Thanks,

Piesie

[dh001]

piesie: You are going to have to provide more details for an answer.

What, if anything, happened at the restaurant.

[Piesie]

Waitress tried to charge me for food I hadn't ordered and refused to amend my bill. I paid only for what I had actually ordered and went to leave. She chased after me and tried to stop me leaving the restaurant by closing the door on me. In trying to stop me getting out she fell on the floor and the police tell me she has now made an allegation of common assault (they said it was the lowest form of assault) because of this. At absolute worst I knocked her out the way trying to leave the place. No way was there any assault, although I've no idea if the police will believe this.

I spoke to the police today on the phone and they told me about the allegation. I told them it was nonsense and asked if they couldn't just check the restaurant CCTV to see for themselves what happened, but it seems the restaurant doesn't have cameras installed. There were a couple of locals in the place who might back up the girl's claim if they know her or are friends with her (it was in a small village far away with a bar in the restaurant!) and I have a friend who was with me to back up my version of events.

I'm just after an idea of what the most likely outcome is, and of the worst case scenario for me if they believe her version of events.

[dh001]

piesie:

"(a) How likely is this to go to court?" If you deny the offence and there is sufficient admissible evidence for a realistic prospect of a conviction then you can be charged. The Police can formally Caution a person if the offence is fully admitted.

"b) If found guilty what is the likely punishment (it would be my first offence)?" A person convicted for Common Assault who has no previous convictions is likely to receive a fine and a Community Punishment Order. (Also court cost and possibly compensation).

[sumo19]

At best, nothing will happen to you. It may be that there is not enough evidence for you to be accused of common assault and the police just leave it at that.

If however they do find evidence of what they deem to be a common assault, then the most likely thing to happen to you will be a simple caution. At worst, I would imagine a conditional caution. To be given any type of caution, the police need to have enough evidence for a successful prosecution if it was to go to court, and you will also have to admit the offence. Cautions are out of court disposals for adults.

I highly doubt it will go to court in any case, because it is the lowest form of common assault and if the police do find evidence of a common assault then likelihood is that you will be offered a caution rather than having to go to court. It is a minor offence.

I think it will be very harsh if you are charge with this.

[pathos85]

Hello. i know this is an old thread but i thought i would add this for anyone who is looking for info.

i am going to court on Friday for an allegation of C/A from 3 years ago. there is no evidence, only witnesses for def and pros.

my problem id that i work in the security industry as a door supervisor and am viewed as a threat due to my size and the reputation of my profession!

i have never been in this situation before and hope that it is thrown out on friday, but i will update this thread regardless.

cheers