Crosswords0 min ago
Advice?? Section 20 Assault
Hi, UPDATED
My partner recently went on a night out and the renowned local idiot took a swing for him and puched him in the mouth for no apparant reason (all statements reflect this). A fight between them broke out. The next day the police came and arrested my partner, the said that they were concerned over 'how far he had taken it', even though he didnt start the fight. It took the police over a year to charge him and all letters stated Section 47 assualt with unconditional bail. Since then the case was referred to Crown court, where my partner pleaded guilty to the fight but out of the 4 witness statements, 1 of them says that my partner 'stamped on his head', which he denies. The case is going to trial in a few weeks, is it my likely my partner will get a prison sentence? He had a few minor incidents when he was a teen but that was over 15 years ago. Thanks
UPDATE!!
Basically, there were 4 statements, 3 of them say that there was just a fight, one statement says that he stamped on his head. The person he had the fight with does not say this. So as far as I can make out, my partner said yes there was a fight, but I didnt stamp on his head, so now there will be a trial, to prove whether he did or didnt. He is currently charged with section 20. We dont know why the the police took so long to charge him, neither does his barrister, he had to report to the police station approximately 5 times, each letter that came through with his appointment on stated section 47, until the last letter which then stated section 20 - this was then what he was charged with, I think this is the reason that it was sent to Crown Court. Surely if most statements say there was just a fight then they cant be overruled by one guy with a vivid imagination?? Also, he is still charged with section 20, if the doubt is from the 'stamp on the head' from what I've read this should be a section 18?? So why isnt he charged with that? Its all really confusing! Thanks for your help.
My partner recently went on a night out and the renowned local idiot took a swing for him and puched him in the mouth for no apparant reason (all statements reflect this). A fight between them broke out. The next day the police came and arrested my partner, the said that they were concerned over 'how far he had taken it', even though he didnt start the fight. It took the police over a year to charge him and all letters stated Section 47 assualt with unconditional bail. Since then the case was referred to Crown court, where my partner pleaded guilty to the fight but out of the 4 witness statements, 1 of them says that my partner 'stamped on his head', which he denies. The case is going to trial in a few weeks, is it my likely my partner will get a prison sentence? He had a few minor incidents when he was a teen but that was over 15 years ago. Thanks
UPDATE!!
Basically, there were 4 statements, 3 of them say that there was just a fight, one statement says that he stamped on his head. The person he had the fight with does not say this. So as far as I can make out, my partner said yes there was a fight, but I didnt stamp on his head, so now there will be a trial, to prove whether he did or didnt. He is currently charged with section 20. We dont know why the the police took so long to charge him, neither does his barrister, he had to report to the police station approximately 5 times, each letter that came through with his appointment on stated section 47, until the last letter which then stated section 20 - this was then what he was charged with, I think this is the reason that it was sent to Crown Court. Surely if most statements say there was just a fight then they cant be overruled by one guy with a vivid imagination?? Also, he is still charged with section 20, if the doubt is from the 'stamp on the head' from what I've read this should be a section 18?? So why isnt he charged with that? Its all really confusing! Thanks for your help.
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Still all very confusing... Section 47 can go up to the Crown Court in any event.
To me it sounds like he has pleaded to a Section 20, which has been accepted. However, there will be a Newton Hearing to determine whether or not there was any stamping. The outcome of that Newton Hearing will determine the sentence. If he hasn't pleaded to a Section 20, then there will be a normal trial before the Jury. It is possible that the stamping to the head can stay at a Sec. 20 as opposed to a charge of a Sec. 18 - usually depends on the injury and the whole circumstances sourrounding it.
To me it sounds like he has pleaded to a Section 20, which has been accepted. However, there will be a Newton Hearing to determine whether or not there was any stamping. The outcome of that Newton Hearing will determine the sentence. If he hasn't pleaded to a Section 20, then there will be a normal trial before the Jury. It is possible that the stamping to the head can stay at a Sec. 20 as opposed to a charge of a Sec. 18 - usually depends on the injury and the whole circumstances sourrounding it.
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