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Common Assault s.39 Criminal Justice Act
8 Answers
I am due to appear in a magistrates court on the above charge. I was involved in an altercation which resulted in me headbutting the "victim" in self-defence. I have declined legal assistance and have chosen to represent myself. Please could you advice me as to the possible outcome of the case and any possible arguments I could make.
P.S. This is my first criminal offence.
P.S. This is my first criminal offence.
Answers
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you will almost certainly be dealt with last because all the other people will have a brief and they will be trying to get their client dealt with so that they can move on to their next case, also some briefs could have multiple clients in court waiting to be dealt with so they all jockey against one another to get sorted, you having no representive will be left in their dust because no one will be trying to get you up to court. I worked within the court system for six years and never saw anyone who represented themself win, as it is a criminal offence you would get legal representation free so why would you want to do it yourself. as norman said headbutting is not self defence it is thuggery , i believe that for self defence you would have to show that you had retreated as far as possible and was in fear for your safety and then used minimal force to stop the attack on you. still there are no prison cells left in this land of ours so you will probably get comunity service/probation /anger management & a fine , it will help if you say you are a crack head and need to go to a drug rehabilitation clinic ,also having a very sick family member always seems to get people off and shedding a few tears no matter how embarresing to you is almost always a winner. please excuse my spelling.
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An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.
Where battery results in injury, a choice of charge is available. The Code for Crown Prosecutors recognises that there will be factors, which may properly lead to a decision not to prefer or continue with the gravest possible charge. Thus, although any injury that is more than transient or trifling can be classified as actual bodily harm, the appropriate charge (subject to Para (viii) below) will be contrary to section 39 where injuries amount to no more than the following:
Grazes;
Scratches;
Abrasions;
Minor bruising;
Swellings;
Reddening of the skin;
Superficial cuts;
A 'black eye.
http://www.cps.gov.uk/legal/section5/chapter_c .html
I think you're preety lucky to be being charged only with common assault, I would imagine that unless you could show that you were facing an armed assailant it would be almost impossible to plead self defence sucessfully.
Common assult has a recommended sentence of a community penalty for a first time offender pleading guilty. But you could get 6 months if you pi$$ them off.
Mitigating factors include "impulsive action, single blow"
My advice to you is to plead guilty and stress your previous good character and that it was a momentry impulse that you deeply regret.
A lawyer with experience will be able to put this across much more effectively.
Whatever you do don't stand up and say "He was acting aggressively so I nutted him in self defense"!
Where battery results in injury, a choice of charge is available. The Code for Crown Prosecutors recognises that there will be factors, which may properly lead to a decision not to prefer or continue with the gravest possible charge. Thus, although any injury that is more than transient or trifling can be classified as actual bodily harm, the appropriate charge (subject to Para (viii) below) will be contrary to section 39 where injuries amount to no more than the following:
Grazes;
Scratches;
Abrasions;
Minor bruising;
Swellings;
Reddening of the skin;
Superficial cuts;
A 'black eye.
http://www.cps.gov.uk/legal/section5/chapter_c .html
I think you're preety lucky to be being charged only with common assault, I would imagine that unless you could show that you were facing an armed assailant it would be almost impossible to plead self defence sucessfully.
Common assult has a recommended sentence of a community penalty for a first time offender pleading guilty. But you could get 6 months if you pi$$ them off.
Mitigating factors include "impulsive action, single blow"
My advice to you is to plead guilty and stress your previous good character and that it was a momentry impulse that you deeply regret.
A lawyer with experience will be able to put this across much more effectively.
Whatever you do don't stand up and say "He was acting aggressively so I nutted him in self defense"!
The guideline for common assault is community penalty for a first offence of this nature. If you plead not guilty - which I am assuming you intend to do - it will be adjourned and eventually go for trial.
If you really don't want to contact a lawyer then I suggest you ask to speak to the duty solicitor when you arrive at court. This is free of charge and you may get advice about representation and whether you are likely to be able to get legal aid. They will also advice you whether you have enough of a case to plead not guilty.
If you really don't want to contact a lawyer then I suggest you ask to speak to the duty solicitor when you arrive at court. This is free of charge and you may get advice about representation and whether you are likely to be able to get legal aid. They will also advice you whether you have enough of a case to plead not guilty.
Hi there!
For you to successfully raise the defence of self defence you must show that you
1. believed that your conduct was necessary to defend yourself; and,
2. what you did was a reasonable response in the circumstances as perceived by you
You must show that you did not use excessive force and had reasonable belief that you were threatened. If you prove that, you may be acquitted.
You must provide more information for me to give you a proper response. Because you may argue Provocation also. But that depends solely on your position.
For you to successfully raise the defence of self defence you must show that you
1. believed that your conduct was necessary to defend yourself; and,
2. what you did was a reasonable response in the circumstances as perceived by you
You must show that you did not use excessive force and had reasonable belief that you were threatened. If you prove that, you may be acquitted.
You must provide more information for me to give you a proper response. Because you may argue Provocation also. But that depends solely on your position.
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