common assult

[jhughes]

hi there my ex-partner has been arrested for common assult, he has been remanded and had court last tuesday(he pleaded guilty) where he was remanded again and due in court on 14th december...they said they need to look at pre-sentence reports, what do you think the out come will be?

[jhughes]

im not too sure i think it may have been refeered to crown because i hear he is asking for j.c bail?? it was a bad case off common assult he should of got a bigger charge, i was left with two huges swollen black eyes and i recieved text messages treatening to kill me? yes i was told he was remandeddue to them thinking he was a danger to be let out... it was dealt with in magistrates but im not sure where his next court date will be.

[jhughes]

i no i wasvery happy when i founf out it was only common asult...i have previously reported im for domestic a before but has been dropped due to insufficent evidence and he assult his mum not long ago but was als dropped....was it j.c bail?? and do you tink he will get j.c bil??

[New Judge]

The information provided by Eddie is not correct in one important respect.

I agree that from your description that this does seem more serious but if the offence is Common Assault it cannot be referred to the Crown Court for sentencing. Common Assault (unless racially or religiously aggravated) is a “summary” offence and can only be dealt with at the Magistrates’ court.

As Eddie correctly points out the maximum sentence is six months custody. Magistrates sentencing guidelines suggest that custody should be considered when two or more aggravating features exist. The fact that this was committed in a domestic setting certainly aggravates the offence. This together with the nature and extent of your injuries certainly seems enough to pass the custody threshold.

I assume your ex is remanded in custody awaiting sentence. The magistrates will have given an indication of the type of sentence they are considering and from your description of events it seems that custody is a strong possibility. You should bear in mind that although the maximum is six months, your ex will receive the maximum discount of one third for his early guilty plea (making the maximum four months) and if he is sent to prison he will serve just half of his sentence inside (making the maximum two months). Any time spent in custody on remand will count towards the time served. You should also bear in mind that if he has not served time for offences of a similar nature before, there is a possibility that the sentence will be suspended.

Perhaps more important than the sentence from your point of view is that you should ensure that
the prosecutor asks the Bench to impose a restraining order preventing further contact.

I’m afraid I’ve not heard of “j.c. bail” so cannot help unless you tell me what you mean.

[optics2b]

JC Bail Judge in Chambers

[jhughes]

THANKYOU YERH HE HAS OVER 30 PREVIOUS CONVICTIONS AND HAS SERVED TIME IN JAIL FOR VIOLENCE ABH ETC..

[DTCwordfan]

sounds like a lovely person to know - I would definitely want a restraining order imposed......

[New Judge]

Yes, Eddie, he or she may. I

A person refused bail at the magistrates' court may appeal to a Judge in Chambers against that ruling even if the offence with which they are charged is a summary only offence.

[optics2b]

Sorry Eddie I should have explained the JC Bail. Thanks New judge spot on.