Abh Or Common Assault On A Child - Likely Sentssentence

[Flower123]

My 36 year old son was recently charged with Abduction and ABH for hitting a 7 year old child in a toilet in a Restaurent. The incident lasted 30 seconds to one minute. The young victim suffered reddening of the skin on the chest. There was no bleeding, No medical intervention.
No record of psychological harm as the child seemed to be active and smart, while answering the questions on a video interview. My son got history of OCD and ADHD and psychiatric assessments in the past. His legal aid lawyer and Barrister advised him to plead guilty for ABH charge and negotiated with CPS to drop Abduction charge. Judge have sent him to prison on remand awaiting sentence in 6 weeks time and asked for a fresh psychiatric assessment. My question is two folded. Firstly, was the CPS correct to charge him with ABH, where as guidelines clearly indicate a case of common assault. Why did his defence team did not argue the case for Common Assault. I know, there is a very thin line between the two offences and sometimes they overlap and other factors come in to play such as the age of the child in this case, which infact the law does not distinguish. My second question is that why the judge have sent him to prison on remand, knowing the man having psychiatric issues and slap he followed the home gagging order successfully for 6 weeks before the trial date. Will be grateful, if some positive answers can come through.



got history of

[waterboatman]

It's a complex case flower. I can understand the judges decision, it's as much for your son's safety as anything. Time spent on remand will be included in any custodial sentence he is given.

[ToraToraTora]

forgive me but if he is assaulting children in public places there is a much deeper problem. Why is he even out on the streets if this sort of thing occurs? I'm talking about a proper institution to deal with these mental issues, not jail.