assault by beating what will happen? domestic

[arfurdaley]

hi i was recently arrested for abh but was charged with assault by beating
i gave a no comment interview but gave a written statement via my solicitor saying i did not and could not have caused the injuries but did admit too pushing during a arguement where we were both pushing and i was being attacked.
my partner has withdrawn her statement stating that she was pressured into it and that the officer put words in her mouth she is not willing and does not want too attend court.
in the squabble my partner fell and hit her head on a sticky out light switch she had too have 4 stitches she also has other bruising i recieved bruising and a cut too my head which i did not make any complaint about.
the police have my coat and shoes which have her blood on them this got on them when i hugged her before i left the house wanting too remove myself from the situation.
i am in court tomorrow and have been told that due too the level of injury i am looking at a severe custodial sentence am i able too plead not guilty as my statemet says i pushed? i did not and could not have caused her injurys in the way that her staatemant says as i have a broken collar bone and am unable too even hold a bag of sugar at arms length let alone punch anybody my medical reports will back this up.

what is the likely sentence? i do not want too plead guilt too something that i did not do. just too get a lighter sentance but am scared stiff of going too prison. any advice would be great

[bednobs]

what does your solicitor say?

[exdc]

Hi afurdaley

Have a read from page 23 ref sentencing guidelines for Common Assault and page 27 for Fine bands and community orders etc.

http://sentencingcoun...ine_-_Crown_Court.pdf

The max custodial sentence for Common Assault is 6 months.

If this matter goes to trial and it is agreed there was an assault but the injuries are disputed then this could end up with a Newton Hearing (trial within trial).

[arfurdaley]

my solicitor has not been in touch since the statement was retracted

[exdc]

Sorry, the last paragraph should read:

If this matter goes to trial and it is agreed there was an unlawful assault and you plead guilty to it but dispute the injuries then this could end up with a Newton Hearing (trial within trial).

[arfurdaley]

just had first court day and i am bailed until trial. the police do not seem too have any evidence at all! are they able too present more evidence at a later stage?

[exdc]

Yes, fresh evidence can be submitted.

[arfurdaley]

By fresh does that mean that they have evidence that they have not disclosed at this stage or any evidence they get between now and trial???

[exdc]

Hi aufur

Fresh evidence is new admissible evidence which wasnt previously known or 'evidenced' and it can be submitted to the CPS between charge and trial.

The police can't withhold evidence and use it as an 'ambush' at court for example. The interview stage is different as the police only have to disclose two certain things and may withhold information as a tactical advantage etc.

[arfurdaley]

Sorry too be a pest dc. So the evidence they have over at the first hearing is all they can use at the next one unless it is new/fresh or may they have evidence but have just not tendered it yet?

[exdc]

Hi aurfur

Basically, yes. You or your legal rep will receive an initial prosecution file known as 'advanced disclosure' which contains the evidence to be used at trial. This is submitted within sufficient time to allow the defence to prepare their case. The CPS (prosecution) will also disclose if further enquiries are being made to obtain further evidence or are awaiting further evidence (such as medical evidence / witness evidence etc).

[arfurdaley]

So with no witnesses in court dc will it be thrown out?

[exdc]

Have you seen any witness statements from police officers yet ?.

A case could still be prosecuted with no witnesses with any offence aggravated by domestic violence.

[exdc]

http://www.cps.gov.uk...iolence_aide-memoire/

http://www.cps.gov.uk...h_to_k/hearsay/#cases

[arfurdaley]

The police statements just detail my arrest and interview really. And I just gave no comment too everything

[exdc]

Police officers should detail any injuries seen on complainant and offender which would obviously be used in evidence and then your prepared written statement is evidence.

[arfurdaley]

It seems too me that after reading the links above that no matter what happens the courts and the cps can just do what they like

[exdc]

Hi Aurfur

Sorry for the delay in responding to you. All parties involved in the prosecution and defending of cases in court have strict rules to follow so your case will be treated fairly etc. Some offences can be aggravated in law, examples include domestic violence, Hate crime (racism)and offences involving weapons (knife crime), and these tend to have a pro-active and robust approach to a prosecution even if the evidence is weak. I am afraid you will just have to wait and see if the case is to proceed, with or without the 'victims' evidence or whether the case is discontinued.

[arfurdaley]

Hazaar. The cps have dropped the case. Can I do anything about having no coat for a month. And expenses ?