Common Assasult

[vulcan15]

My sons nephew punched my son, knocked him to floor jumped on him and was hitting him. My sons friend try to pull him off but could n`t so he punched him. My son got up and punched him twice. The noephew called police and said my son started it, so he was arrested th his friend and both were charged, In court the nephew was believed after he said they kicked and punched him for 5 to 10 mins in front of his pregnant girlfriend. The only injury he had was a cut lip. Magistrate said it was a viscious attack and the highest level of common assault. What sort of sentance would be likely. Its my sons first offence, and the nephew was a minor (a month short of 18)

[exdc]

Hello vuulcan15

Please see attached link and start from page 23.

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

[Alibeth]

Interesting. I'm guessing that the pregnant girlfriend acted as a witness for the nephew and lied, therefore doing perjury? Where did this attack take place? Was it outside? Would there have been any CCTV cameras around to prove anything? I don't know anything about sentencing, but if the pregnant girlfriend testified against your son and lied, then she could find herself in a lot of trouble when the truth comes out.
I would imagine, no matter what sentencing is dished out, your son would appeal.
And if the girlfriend didn't act as witness, and the kicking and punching attack didn't actually happen, how was it proved with no evidence?
Sounds like a nightmare. Good luck.