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Charged for a section 20
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I was provoked, threatened and physically assaulted on a football pitch which resulted in me hitting out at the other individual (following his initial assault on me which was an elbow off the ball).
The opposing player was left with a fractured eye socket, jaw and cheekbone. I threw one punch and immediately walked off the pitch. The player recieved a yellow card for the initial foul (therefore proving he assaulted me first this has been scrutinized by the FA in a sense that the card should be red).
I acted impulsively, threw one punch i have no previous convictions and regularly volunteer my time to help others also being a director of a charitable organisation. I have a professional job that will be impacted following this charge, to what extent, i do not know.
Please can anyone advise me what to expect at court? I am attending a magistrates court in four weeks, will i be sentenced there.
Also i had reported the whole issue to the police following the incident prior to knowing the damage caused. I voluntarily entered into a station to provide my statement and wasn't formally charged until several weeks after the incident.
The opposing player was left with a fractured eye socket, jaw and cheekbone. I threw one punch and immediately walked off the pitch. The player recieved a yellow card for the initial foul (therefore proving he assaulted me first this has been scrutinized by the FA in a sense that the card should be red).
I acted impulsively, threw one punch i have no previous convictions and regularly volunteer my time to help others also being a director of a charitable organisation. I have a professional job that will be impacted following this charge, to what extent, i do not know.
Please can anyone advise me what to expect at court? I am attending a magistrates court in four weeks, will i be sentenced there.
Also i had reported the whole issue to the police following the incident prior to knowing the damage caused. I voluntarily entered into a station to provide my statement and wasn't formally charged until several weeks after the incident.
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See page 8 here:
http://sentencingcoun...ine_-_Crown_Court.pdf
'Culpability' is clearly 'low'. If 'harm' is also assessed as being 'low' then it's a Category 3 offence which will almost certainly result in a Community Order.
If 'harm' is assessed as 'high' then it's a Category 2 offence, which would result in the Magistrates passing the case to the Crown Court for sentencing (as per that page).
It should be noted that the sentences shown there relate to a first-time offender who is convicted after a trial. Your early guilty plea would see a reduction in the sentence (of one third in the case of a custodial sentence, although I think that your case probably falls just below the 'custody threshold' anyway).
Chris
http://sentencingcoun...ine_-_Crown_Court.pdf
'Culpability' is clearly 'low'. If 'harm' is also assessed as being 'low' then it's a Category 3 offence which will almost certainly result in a Community Order.
If 'harm' is assessed as 'high' then it's a Category 2 offence, which would result in the Magistrates passing the case to the Crown Court for sentencing (as per that page).
It should be noted that the sentences shown there relate to a first-time offender who is convicted after a trial. Your early guilty plea would see a reduction in the sentence (of one third in the case of a custodial sentence, although I think that your case probably falls just below the 'custody threshold' anyway).
Chris
Thanks for your reply Shoota, i was on the floor he was stood above me and basically laughed at what he had done. I personally believe i was in a vulnerable position yes, he had stated that he was going to do it and he did! What was to stop him taking my head off with a kick? I am around a foot smaller and 5stone lighter so its not like i was looking to bully anyone too.
I believe in set principles shoota, all i have said is the truth matey.
I believe in set principles shoota, all i have said is the truth matey.
Chris, i'm happy you have commented after reading your comments on many other topics. Thank you for the advice.
I am going to enter an early guilty plea as 'did i hit him .' the answer is yes.
I really never intended to cause damage and i am remorseful. I work with children to keep them out of risk of exclusion and the justice system and feel i have let sooooo many people down.
Once again thank you very much.
I am going to enter an early guilty plea as 'did i hit him .' the answer is yes.
I really never intended to cause damage and i am remorseful. I work with children to keep them out of risk of exclusion and the justice system and feel i have let sooooo many people down.
Once again thank you very much.
If there was no appreciable gap between him flooring you and you hitting him, self defence would seem to be a viable defence. If you havn't seen a solicitor do not plead until you have.
You'd be better off finding your own rather than relying on the duty solicitor at court.
If the mags ct appearance is the first one it will be for a plea to be entered, if you havn't had the opportunity to view the prosecutions evidence then you should request an adjournment for disclosure but really a solicitor needs to be doing it for you to ensure it is done properly.
He may even be able to bargain 'knock for knock' with the CPS; have you considered making a counter allegation of assault? Did you suffer any injury?
You'd be better off finding your own rather than relying on the duty solicitor at court.
If the mags ct appearance is the first one it will be for a plea to be entered, if you havn't had the opportunity to view the prosecutions evidence then you should request an adjournment for disclosure but really a solicitor needs to be doing it for you to ensure it is done properly.
He may even be able to bargain 'knock for knock' with the CPS; have you considered making a counter allegation of assault? Did you suffer any injury?
Thanks Shoota,
I have said this to my brief. It all happened very quickly and before i knew i was on the floor, i'm looking up at him and then scurrying to him and landing a blow.
I do have a solicitor but he has informed me he will speak to me on the friday prior to the court appearance onthe Monday. In addition, meeting me on the Monday to arrange the plea etc.
I have photographic evidence of the bruising i sustained to my face along with a damaged toe from a stamp.
I'd very much like to proceed with a knock for knock and will certainly mention this. Thanks again Shoota.
I have said this to my brief. It all happened very quickly and before i knew i was on the floor, i'm looking up at him and then scurrying to him and landing a blow.
I do have a solicitor but he has informed me he will speak to me on the friday prior to the court appearance onthe Monday. In addition, meeting me on the Monday to arrange the plea etc.
I have photographic evidence of the bruising i sustained to my face along with a damaged toe from a stamp.
I'd very much like to proceed with a knock for knock and will certainly mention this. Thanks again Shoota.
It would have been better done immediately after the assault which is why I suggested you get the OK from your solicitor first but if you have given a statement detailing the assault already to Police then, strictly speaking, an allegation of crime should have been recorded when the evidence of its occurrence came to light, ie when you told them about it.
Better mention here that I was in the Police for 26 years. I would like to think that our force would have recorded cross allegations in this instance but I can't speak for all forces/officers.
Better mention here that I was in the Police for 26 years. I would like to think that our force would have recorded cross allegations in this instance but I can't speak for all forces/officers.
One other bit of advice.
Do not go to court in four weeks time and simply ask for an adjournment to have the evidence disclosed. You are not entitled to see all the evidence at this stage anyway and may only be provided with a summary. Both parties to court proceedings are expected to be proactive in making sure that progress can be made at every hearing. If the Magistrates hear you have done nothing in four weeks to enable you to proceed (by entering your plea) you will receive short shrift. If you are not in a position to enter a plea because of your lack of action a Not Guilty plea will be entered on your behalf and you will lose the maximum discount to which you are entitled by pleading guilty at the earliest opportunity.
The moral is to do what you need to do (even if others have not done what they should have) or you could end up losing out.
Do not go to court in four weeks time and simply ask for an adjournment to have the evidence disclosed. You are not entitled to see all the evidence at this stage anyway and may only be provided with a summary. Both parties to court proceedings are expected to be proactive in making sure that progress can be made at every hearing. If the Magistrates hear you have done nothing in four weeks to enable you to proceed (by entering your plea) you will receive short shrift. If you are not in a position to enter a plea because of your lack of action a Not Guilty plea will be entered on your behalf and you will lose the maximum discount to which you are entitled by pleading guilty at the earliest opportunity.
The moral is to do what you need to do (even if others have not done what they should have) or you could end up losing out.
Hello New Judge, i personally would prefer to enter my guilty plea at the first hearing. Would this be advised? I would however like the judge to view my character references and a statement that i would like to give to him. Is this possible?
This is all new to me i'm 31 years old and have never been in trouble and work with vulnerable groUps etc, heading up safeguard children for the county. What about costs? What do you reckon i am likely to pay and do they spread the costs over a period of time? I have a family to support and a mortgage to cover.
So stressed over the whole situation.
This is all new to me i'm 31 years old and have never been in trouble and work with vulnerable groUps etc, heading up safeguard children for the county. What about costs? What do you reckon i am likely to pay and do they spread the costs over a period of time? I have a family to support and a mortgage to cover.
So stressed over the whole situation.
Magistrates’ courts are presided over by a panel of three magistrates (though occasionally matters are heard before a District Judge sitting alone).
You will be asked to enter your plea. If you plead guilty the Magistrates may sentence you there and then though if they are thinking of imposing anything other than a conditional discharge or a fine they will almost certainly want a pre-sentence report from the probation service. They may be able to provide this on the day so that you can be sentenced or they may ask you to attend their office at a later date and return to court for sentencing (this usually involves a delay of about three weeks).
Before they consider sentence you will have your opportunity to explain the circumstances behind the offence. It is at this point that you will also be able to make any personal statement you wish to make and also provide your character references. You can do all this yourself or get a solicitor to speak on your behalf.
You will be asked to enter your plea. If you plead guilty the Magistrates may sentence you there and then though if they are thinking of imposing anything other than a conditional discharge or a fine they will almost certainly want a pre-sentence report from the probation service. They may be able to provide this on the day so that you can be sentenced or they may ask you to attend their office at a later date and return to court for sentencing (this usually involves a delay of about three weeks).
Before they consider sentence you will have your opportunity to explain the circumstances behind the offence. It is at this point that you will also be able to make any personal statement you wish to make and also provide your character references. You can do all this yourself or get a solicitor to speak on your behalf.
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