Quizzes & Puzzles13 mins ago
likely sentence for assault?
i have just been found guilt of assault with an offensive weapon! this has been a set up by a couple who have a vendetta against my family. the judge found me guilty even though i provided evidence of where i was on the night in question. i am a company director and have never been in a days bother in my life. an appeal will be lodged against this decision. the judge ordered a social enquiry report on me and i have to return to court in a month for a sentence. what will my punishment be? can anyone advise? and is my appeal likely to fail in this corrupt land called britain?
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I think that some more information is required here. Judges don't decide upon issues of guilt. If the case was heard before a magistrates' court, the decision would be made by the magistrates. If the case was heard in the Crown Court, it's the jury who determine guilt. So we need to know whether you appeared in a magistrates' court or the Crown Court.
Next, we need to know what you were actually charged with. As far as I can see from the CPS website, there's not a specific charge of 'assault with an offensive weapon'. Your post could refer to a very minor case of common assault, under Section 9 of the Criminal Justice Act, where the 'offensive weapon' was nothing more than a folded newspaper which you (allegedly) whacked someone's ear with.
Equally, it could refer to something as serious as a charge under Section 18 of the Offences Against the Person Act, where you (allegedly) attacked someone with a hammer, or a knife, which you'd (allegedly) carried specifically for the purpose.
In the former example, you'd get a 'slap on the wrist', such as a supervision order (possibly coupled with and order to attend an anger management course). You might even get nothing more than a conditional discharge.
In the latter example, you'd probably be facing a prison sentence of between 1 and 5 years. Please tell us exactly what you've been convicted of (irrespective of whether you actually did it), and in which court, and we'll try to give you an indication of the likely sentence.
Chris
Next, we need to know what you were actually charged with. As far as I can see from the CPS website, there's not a specific charge of 'assault with an offensive weapon'. Your post could refer to a very minor case of common assault, under Section 9 of the Criminal Justice Act, where the 'offensive weapon' was nothing more than a folded newspaper which you (allegedly) whacked someone's ear with.
Equally, it could refer to something as serious as a charge under Section 18 of the Offences Against the Person Act, where you (allegedly) attacked someone with a hammer, or a knife, which you'd (allegedly) carried specifically for the purpose.
In the former example, you'd get a 'slap on the wrist', such as a supervision order (possibly coupled with and order to attend an anger management course). You might even get nothing more than a conditional discharge.
In the latter example, you'd probably be facing a prison sentence of between 1 and 5 years. Please tell us exactly what you've been convicted of (irrespective of whether you actually did it), and in which court, and we'll try to give you an indication of the likely sentence.
Chris
i was charged with
a breach of the peace
assault
and carrying an offensive weapon ( a baseball bat, hammer or screwdriver, they were not sure but judge still believed them)
it was tried in the sheriff court under summary procedure,
the only witnesses they had was the guy who was allegedly assaulted and his girlfriend. This guy never had a mark on him when the police arrived, it has been completely fabricated because they have a vendetta against my family for things that have happened in the past, it was mainly seen to be etting me back as this guy was caught red handed by the police attacking one of my family with a hammer.
a breach of the peace
assault
and carrying an offensive weapon ( a baseball bat, hammer or screwdriver, they were not sure but judge still believed them)
it was tried in the sheriff court under summary procedure,
the only witnesses they had was the guy who was allegedly assaulted and his girlfriend. This guy never had a mark on him when the police arrived, it has been completely fabricated because they have a vendetta against my family for things that have happened in the past, it was mainly seen to be etting me back as this guy was caught red handed by the police attacking one of my family with a hammer.
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