Likley Outcome

[jordie123]

I have court on in February for assault by beating to my partner she didn't have any serious harm just slight red mark on there arm cause I grabbed her she didn't make a statement a neighbour did that wasn't there who I threatened to push down the stairs it only happened as I'm a diabetic and my sugar level was low I don't have any previous history what do you think the likely outcome will be.

[jackthehat]

What has your Solicitor said?

[Buenchico]

'Assault by beating' is simply an alternative wording for 'common assault'. (It's used where a 'battery' is alleged to have occurred). Scroll down to page 213, et seq, here to see the sentencing guidelines:
http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_%28web%29_-_April_2014.pdf

It seems almost certain that you'll simply be fined (with costs and a £20 'victim surcharge' added on top).

[New Judge]

Before we get involved in any likely sentence you should consider what your plea should be. Your partner has made no statement (so has, effectively, provided no evidence). Your neighbour did not witness the incident. So it seems there is no evidence to support a prosecution. Or am I missing something?

[jordie123]

Well it was in our place so she clearly didn't see it and on the first court date I pleaded not guilty cause cannot remember anything but my partner even said all I done was grab her arms

[New Judge]

Pleading not guilty because you cannot remember anything is not a good strategy, jordie. You need to find out what evidence is available to support the prosecution.

[jordie123]

What do you mean by that I'm new to all this never been in trouble with law before

[New Judge]

Before you entered your plea either you (if you were not represented) or your solicitor should have been provided with the "Initial Details of the Prosecution Case". These are brief details of the prosecution's evidence (normally just statements) so that you know who said what about the incident. From what you say the alleged victim (your partner) did not make a statement and the only person who did was not a witness to the incident at all. I find it strange that the CPS are going ahead with a prosecution where the alleged victim has not made a statement and, apparently, the only statement they have is from somebody who did not witness the incident.

You need to see this information to help you decide whether or not you did what is alleged. (This is especially important as you cannot remember). This, of course, will influence your plea.

What happened at the last hearing? Was a date set for your trial or was the matter adjourned for some other reason. (I would be surprised if you have a trial date as early as February). If so, what was the reason?

[jordie123]

At the first hearing they gave me another date to go back on 5th of Feb as there wasn't enough evidence and bailed me till then with conditions which I have stuck to as I don't remember what happend I asked my partner and she said all I done was grab her arms but she got scared as she new I wasn't ok and went to a neighbours flat and the neighbour rung the police

[New Judge]

Then you need to return on 5th Feb and make sure you see details of the evidence against you before continuing. The prosecution has an obligation to provide this (and should have done so before you entered your plea). a solicitor will help but you must make sure you have this information (and a reasonable amount of time to study it) before proceeding.

[jordie123]

Sorry I have all the statements now none from my partner just a neighbour who said I was pulling her hair and slapped her and that my partner had a noes bleed but I've asked my partner and even she said this isn't true all I done was grab her arms and pushed her head we are both going to couples counciling but would just like to no what you think the worse outcome will be for peace of mind I have no previous convictions hope you could help thanks

[New Judge]

What will happen at the next hearing is that the court will undertake a "case management" hearing to ensure that arrangements are in place for the trial to go ahead (witnesses available and so on). Then a trial date will be fixed.

I still find it very odd that this prosecution is proceeding without a statement from the alleged victim. It is true that the CPS take a robust line with domestic violence and continue to prosecute as far as possible even if the alleged victim withdraws their statement. But in this case she has not even made one.

The evidence of your neighbour (if it holds up in court) would be enough to convict you but if I were you I'd seek the advice of a solicitor before February 5th.

If you are convicted the events you describe fall at the very lowest end o

[jordie123]

ok thanks so will I receive my sentence on my next hearing my solicitor said that as I grabbed her arms it's still classed as assault so I'm just gonna plead guilty so my punishment will only be small is that what your saying

[New Judge]

Yes your own admission is enough to support the charge, jordie.

It is always difficult to predict what a likely sentence might be as the court will have far more information than you can provide here. You might, just might, get away with a fine or a Conditional Discharge. Your previous good character will help a lot. You should also ensure your solicitor tells the court about the efforts you are making to keep your relationship on track (the counselling, etc.). Do not be surprised, however, if the court sees this as serious enough for a community order of some sort as domestic violence automatically ramps up the seriousness.

[jordie123]

As long as it not custodial it's fine well it isn't but at least I'll be with my family thanks new judge

[boxtops]

Brooke, I think you ought to cut and paste this into your own question, your circumstances are not the same as jordie's - you'd do better starting your own thread so people can respond direct to you, instead of on someone else's question.

[Brooke123]

Ok thanks I'm new to the site so I don't know how? Sorry Jordie by the way x

[boxtops]

Click on the Law heading on the left, Brooke, then you'll see a box entitled "Type your question here" - that'll start your own thread. If you click the subscribe box, under your question, before you submit it, then you'll get an alert every time someone answers your question.

Welcome to AB, by the way!