Criminal Law

[Parvati]

I have been charged with common assault (battery) against a person. I've got clean criminal record. There's no evidence or witnesses against me apart from the alleged victim's statement. It's really her word against mine. The alleged victim didn't have any injuries because I did'n touch her and yet I was still charged with common assault. I have pleaded not guilty. Could you please tell me what are the chances of Magistrates Court finding me innocent?

[snowangel_uk]

When it comes down to a "He said, she said" without ANY evidence the CPS would rarely support someone being charged and a court appearance. Are you sure there is no evidence other than her statement ?

[Parvati]

I'm sure there's no evidence apart from her slanderous statement. My solicitor has confirmed so. What are my chances at Magistrates? Thank you.

[snowangel_uk]

I am surprised it actually got to court - with the lack of evidence and no physical injury, I would have thought there was insufficient evidence to bring a prosecution. Are there any underlying reasons why this person is making this allegation against you ?

[Parvati]

CPS tried to have as many people prosecuted as possible in one go. Because the same alleged victim later on that day was attacked by her husband (my brother-in-law), who's charged with ABH. The alleged victim thought of calling the Police on both of us and they Police thought they can have us both arrested. This is why CPS proceeded in charging us both. Had it not been my brother-in-law's attack, I wouldn't have been charged and I wouldn't have been arrested in the first place. Now CPS are trying to make it as one court case on top of all that, so my chances of coming out innocent are lower, because my brother-in-law is in deep trouble. The judge might also get negatively influenced against me as well.

[JockMcGrotty]

You would need independent evidence to show that the victim had no injuries after leaving you together with references of good character to support you.
Furthermore, common assault does not necessarily have to leave physical evidence. Her case will be that she was assaulted by your brother in law and lo and behold she has sustained injuries. She then makes claims that resulted in you being charged with common assault. You would have to show that her evidence was inconsistent and unreliable or that she was not credible and was being vindictive or was motivated to lie.
However, the fact that you have been charged suggests that the CPS believe you have a case to answer and they might wish to establish a link between the two occurrences. You have stated that she was attacked and therefore she is a victim. Chances are she spoke to people after seeing you and their testimony may support your defense or, if their testimony concurs with her statement, you may be found guilty particularly if her witnesses are of good character. You have said that you didn't touch her but you have omitted details of what actually went on which led her to her statement or what the underlying motive for the allegations are. I don't know you but you give me the impression that you are not telling the whole story and if that is the way you have come across to the police then they seem to have sided with the victim.
All I can suggest is that you act on the advice of your solicitor.

Jock

[Parvati]

Thank you for your answer. Of course I haven't told the whole story, it's a very long one anyway. But if I was to tell the whole story on a website then that would be a waste of my time and everybody else's. Just for the record though, the background is in my favour because she's got motive of doing what she did and I can prove that. I don't think I need to prove it to anyone else. I only asked about my chances at Magistrates.