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Common Assault
I am pleading not guilty to common assault, what is likely to happen court ?
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Your case will be subject to a "Case Management hearing. In most courts this is now done on the day you enter your plea, but sometimes an adjournment may be necessary. At this hearing the issues in dispute need to be identified, the evidence and witnesses each side intends to call will be listed and their availability noted. If any evidence can be "agreed" this will also be noted and agreement reached to have that evidence read at the trial. Any other matters concerning the trial will also be discussed and finally a date for the your will be set.
Well to be honest its my grandsons mother - she got caught up with a fight with bouncers and her cousin. She is adament that she just tried to seperate them. But they were both arrested him charged with ABH and her common assault. She was held in custody all night and not even allowed to make a phone call, I had her baby and she was#nt allowed to call me. The police told her their were no marks on the victim she is accused of assaulting, she refused to view the CCTV and the offer of duty solicitor because she said that she never assaulted anyone.
There is no need for marks to be left to support a charge of Common Assault. In fact the offence can be proved with no physical contact at all. I'm afraid she was somewhat foolish to refuse the opportunity to view the CCTV or to accept the offer of the help of the duty brief. If she attends court unrepresented the court's legal advisor will help her through the court process but cannot assist by advising her.
Common assault , as NJ explains, does not need any physical contact at all. Someone who threw a punch but missed, doesn't deserve any credit, and the law doesn't give him any.Assault is any act, deliberate or reckless, which causes another to apprehend, to fear, immediate unlawful violence.
There are some delightful old cases illustrating this principle of no direct contact; one man deliberately frightened a horse so the rider would fall off, another encouraged his dog to attack someone ,to frighten them, and so on. All involved acts which deliberately or recklessly put the victim in fear of violence. Technically, hitting some one is battery, not mere assault
Nowadays, the fashion is to charge assault where someone is hit as "assault by battery" or "did assault X by beating" or some such words. What words are used in the charge in this case?
There are some delightful old cases illustrating this principle of no direct contact; one man deliberately frightened a horse so the rider would fall off, another encouraged his dog to attack someone ,to frighten them, and so on. All involved acts which deliberately or recklessly put the victim in fear of violence. Technically, hitting some one is battery, not mere assault
Nowadays, the fashion is to charge assault where someone is hit as "assault by battery" or "did assault X by beating" or some such words. What words are used in the charge in this case?
Common assault requires only that the victim believes he is going to physically assaulted there and then. A raised fist, throwing an object at a person, grabbing a person's coat, spoken words such as 'I'm going to punch your lights out' are all examples of common assault.
There must be intent. Grabbing a person's arm to prevent him stepping in front of a speeding car is not common assault.
There must be intent. Grabbing a person's arm to prevent him stepping in front of a speeding car is not common assault.
Common assault is not a very serious charge. You will get a telling off and a fine then walk out unless you have previous convictions of a similar nature. Also try following these basic "getting off at magistrates court" rules :-
Get your family to sit at the back of the court not a group of drunk mates,
Dress as smartly as you can,
Don't go into the court and sit at the back wait outside until you are called
Look down at the floor sadly unless being talked to directly.
Hold your hands behind your back dont put them in your pockets,
and never ever act cocky,
What I mean is act like the coming to court is enough of a punishment and that you have learnt your lesson already.
When they give you a telling off agree by nodding and looking sad take the fine then tell them your skint and can only pay £20 a week
and then don't do it again.
Get your family to sit at the back of the court not a group of drunk mates,
Dress as smartly as you can,
Don't go into the court and sit at the back wait outside until you are called
Look down at the floor sadly unless being talked to directly.
Hold your hands behind your back dont put them in your pockets,
and never ever act cocky,
What I mean is act like the coming to court is enough of a punishment and that you have learnt your lesson already.
When they give you a telling off agree by nodding and looking sad take the fine then tell them your skint and can only pay £20 a week
and then don't do it again.
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