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ABH in Magistrates Court...Please help
Hi my brother has been charged with ABH against another family member. The victim's statement has been withdrawn and also a witness statement has also been withdrawn. The injuries were a chipped bone in the wrist and bruising to the arms. Even though he admitted it during his police interview, he pleaded not guilty. It has been before the magistrate courts who has accepted to hear the case. The police did not ask the victim for consent to her medical records so the prosecution has no medical evidence to back up the injuries. As far as I know they are basing his case on his admissions.
The police took photo's of her injuries but she had no cast on her arm, just a splint.
His socilitor told him to go not gulity and I think that they are going to debate it on the basis that the statements have been withdrawn and lack of medical evidence.
Even though he has admitted hitting her, can the defence argue that it is assault but not of an ABH nature or what will happen??
It was previously GBH when first arrested by the police, but the prosecution lowered it to ABH.
This is his first offence and he has cooperated fully with the police. The police or courts also did not set any bail conditions.
All answers greatly appreciated. Thanks
The police took photo's of her injuries but she had no cast on her arm, just a splint.
His socilitor told him to go not gulity and I think that they are going to debate it on the basis that the statements have been withdrawn and lack of medical evidence.
Even though he has admitted hitting her, can the defence argue that it is assault but not of an ABH nature or what will happen??
It was previously GBH when first arrested by the police, but the prosecution lowered it to ABH.
This is his first offence and he has cooperated fully with the police. The police or courts also did not set any bail conditions.
All answers greatly appreciated. Thanks
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Hi dh001,
The victim and accused are both adults (in their 20\'s). The police were not called on the night in question. It was reported to them three days later by the victim. As I said the victim did not have a cast just a splint and bruising. The police did take photographs at the police station, but there does not seem to be any mention of the photographs been used as evidence and I am not sure if they have been mislaid as the defence solicitior has not mentioned them and does not seem to be bothered about them. The prosecution has no medical evidence as the victim did not sign anything to consent to them obtaining medical evidence.
Many thanks for any replies
The victim and accused are both adults (in their 20\'s). The police were not called on the night in question. It was reported to them three days later by the victim. As I said the victim did not have a cast just a splint and bruising. The police did take photographs at the police station, but there does not seem to be any mention of the photographs been used as evidence and I am not sure if they have been mislaid as the defence solicitior has not mentioned them and does not seem to be bothered about them. The prosecution has no medical evidence as the victim did not sign anything to consent to them obtaining medical evidence.
Many thanks for any replies
Hi jjoes: In summary, often in cases of (minor) assaults where witness / victim evidence has been withdrawn the prosecution offer 'no evidence' and the case is discontinued.
However, this offence falls within 'domestic violence' and most forces will robustly pursue DV incidents with a view to prosecute. Also, DV offences are commonly considered to be in the public's interest to prosecute and the CPS (Crown Prosecution Service) and Courts commonly hear DV related cases even where victims have withdrawn their complaint.
The problem with the case as you have described is that the accused has made admissions during police interviews. There was an initial complaint of unlawful assault and corrobation by way of injury, although, true corroboration is proving that the accused caused the specified injury and that it was unlawful. (basic terms). Without expert medical evidence, ABH would appear to be the appropriate charge. On the facts you have disclosed I would agree that the defence are 'hoping' the case will be discontinued on the grounds of no victim / witness complaint etc but your brother needs to confirm with this with his solicitor and what to do should the prosecution continue.
This is a summary reply as there are numerous factors to consider in such cases but this gives an insight into DV related cases etc.
dh
However, this offence falls within 'domestic violence' and most forces will robustly pursue DV incidents with a view to prosecute. Also, DV offences are commonly considered to be in the public's interest to prosecute and the CPS (Crown Prosecution Service) and Courts commonly hear DV related cases even where victims have withdrawn their complaint.
The problem with the case as you have described is that the accused has made admissions during police interviews. There was an initial complaint of unlawful assault and corrobation by way of injury, although, true corroboration is proving that the accused caused the specified injury and that it was unlawful. (basic terms). Without expert medical evidence, ABH would appear to be the appropriate charge. On the facts you have disclosed I would agree that the defence are 'hoping' the case will be discontinued on the grounds of no victim / witness complaint etc but your brother needs to confirm with this with his solicitor and what to do should the prosecution continue.
This is a summary reply as there are numerous factors to consider in such cases but this gives an insight into DV related cases etc.
dh
Hi dh,
Many thanks for your reply.
I understand what you are saying, it\'s just I didn\'t think that the prosecution were able to prove ABH if their is no medical evidence, so on that grounds it would be common assault? because all though he has admitted it and it is unlawful, there is no medical evidence to specific the exact injuries.
Also do you think a custodial is likely as a first offence in the Magistrates court, providing the Magistrates does not send him to Crown for sentencing?
Many thanks for all replies.
Many thanks for your reply.
I understand what you are saying, it\'s just I didn\'t think that the prosecution were able to prove ABH if their is no medical evidence, so on that grounds it would be common assault? because all though he has admitted it and it is unlawful, there is no medical evidence to specific the exact injuries.
Also do you think a custodial is likely as a first offence in the Magistrates court, providing the Magistrates does not send him to Crown for sentencing?
Many thanks for all replies.
Hi jjoes: For the CPS to have charged ABH, I would suggest there is sufficient evidence to prove ABH.
Should your brother finally be advised by his solicitor to plead guilty to assault then they may be able to offer a bargin plea to common assault (this will be negotiated by prosecution / defence).
Its always difficult to advise on likely sentencing without knowing the full facts of the case i.e. any aggravating features / mitigation etc, however, I would suggest a custodial sentence is unlilkey on the facts disclosed.
Should your brother finally be advised by his solicitor to plead guilty to assault then they may be able to offer a bargin plea to common assault (this will be negotiated by prosecution / defence).
Its always difficult to advise on likely sentencing without knowing the full facts of the case i.e. any aggravating features / mitigation etc, however, I would suggest a custodial sentence is unlilkey on the facts disclosed.
Hi DH,
Many thanks for your prompt response.
When the CPS firstly made the charge of ABH, the victim and witness statement was not withdrawn. They are now withdrawn and I have been informed by a socilitor that the CPS can say in court there was a victim and witness statement made but that they have now been withdrawn and the CPS will not be allowed to disclosed what they entailed.
This is why I was thinking about how an ABH charge can stand with no victim and witness statements and no medical evidence, which was why I thought the prosecution could not pursue the ABH charge.
Is there anything else you can think of that the prosecution can use to maintain the ABH charge???
It is just very hard to understand.
Thank you.
Many thanks for your prompt response.
When the CPS firstly made the charge of ABH, the victim and witness statement was not withdrawn. They are now withdrawn and I have been informed by a socilitor that the CPS can say in court there was a victim and witness statement made but that they have now been withdrawn and the CPS will not be allowed to disclosed what they entailed.
This is why I was thinking about how an ABH charge can stand with no victim and witness statements and no medical evidence, which was why I thought the prosecution could not pursue the ABH charge.
Is there anything else you can think of that the prosecution can use to maintain the ABH charge???
It is just very hard to understand.
Thank you.
jjoes: sorry for the delay.
Ah ok the CPS made their decision to charge ABH when the complaint was still 'active' and the victim later withdrew the complaint but the court have indicated they 'will still accept the case' as you have put it.
Bascially, for all good reason's, the Police / CPS take 'postive action' in DV related cases and individual force area's should have a policy of victimless prosecutions where admissible evidence IS available, as in this case. However, I would suggets the victimless prosecutions normally go ahead against 'dangerous offenders' but the policy can vary from force area's. The victim will be asked to provide a statement withdrawing the complaint and the reason's why. The victim should also be asked whether the original complaint was true and be warned they can be compelled to attend court etc etc. The Police and the CPS will then decide whether to continue this case based on all the facts. Has the victim been informed whether this is likely to continue?
Also, have a look at you local police force website to see their policy regarding DV incidents.
Ah ok the CPS made their decision to charge ABH when the complaint was still 'active' and the victim later withdrew the complaint but the court have indicated they 'will still accept the case' as you have put it.
Bascially, for all good reason's, the Police / CPS take 'postive action' in DV related cases and individual force area's should have a policy of victimless prosecutions where admissible evidence IS available, as in this case. However, I would suggets the victimless prosecutions normally go ahead against 'dangerous offenders' but the policy can vary from force area's. The victim will be asked to provide a statement withdrawing the complaint and the reason's why. The victim should also be asked whether the original complaint was true and be warned they can be compelled to attend court etc etc. The Police and the CPS will then decide whether to continue this case based on all the facts. Has the victim been informed whether this is likely to continue?
Also, have a look at you local police force website to see their policy regarding DV incidents.
Hi dh,
Many thanks for your reply.
The victim and the witness has already withdrew their statements formally with the police, they basically said that things are ok now between the family members and that for the sakes of their families health and well being they did not want the case to continue and did not support court action.
The victim has not been informed by the police or prosecution as to whether the case it continuing. They automatically believed that it would be going ahead based on the fact that a date for the \'trial\' has been set for the magistrates court in the future.
With advice from one sociltior the victim and witness has been told that as they have formally withdrawn their statements with the police, they should not hear anything else in relation to be asked to attend court as they have already stated on their statements that they do not support court action.
Does this make sense??
Many thanks for your replies. jjoes
Many thanks for your reply.
The victim and the witness has already withdrew their statements formally with the police, they basically said that things are ok now between the family members and that for the sakes of their families health and well being they did not want the case to continue and did not support court action.
The victim has not been informed by the police or prosecution as to whether the case it continuing. They automatically believed that it would be going ahead based on the fact that a date for the \'trial\' has been set for the magistrates court in the future.
With advice from one sociltior the victim and witness has been told that as they have formally withdrawn their statements with the police, they should not hear anything else in relation to be asked to attend court as they have already stated on their statements that they do not support court action.
Does this make sense??
Many thanks for your replies. jjoes
jjoes: Yes it all makes sense and it is a very common situation.
Sorry I can not be more specific as i do not know the full facts of the case etc but the advice was to outline
that cases such as ABH can be prosecuted in these circumstances particularly because of the DV classification where admissible evidence is available even after a complaint has been withdrawn.
Unfortunately your brother will have to see what the CPS / police decide and hopefully he has a good solicitor.
Sorry I can not be more specific as i do not know the full facts of the case etc but the advice was to outline
that cases such as ABH can be prosecuted in these circumstances particularly because of the DV classification where admissible evidence is available even after a complaint has been withdrawn.
Unfortunately your brother will have to see what the CPS / police decide and hopefully he has a good solicitor.
Hi dh,
Many thanks for your advice.
It is obviously a waiting situation until the prosecution decide how they are going to proceed. Obviously the admissions are a huge factor in the case. I just thought that as their is no medical evidence the prosecution cannot proceed with the ABH charge but can still make make a charge of common assault based on his admissions.
As it is a first offence and the magistrates has already accepted to hear the case, the only thing the families can hope for is a non custodial sentence.
Thanks again.
Many thanks for your advice.
It is obviously a waiting situation until the prosecution decide how they are going to proceed. Obviously the admissions are a huge factor in the case. I just thought that as their is no medical evidence the prosecution cannot proceed with the ABH charge but can still make make a charge of common assault based on his admissions.
As it is a first offence and the magistrates has already accepted to hear the case, the only thing the families can hope for is a non custodial sentence.
Thanks again.
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