I Have To Go To Court

[Poppet1966]

My ex is being charged with common assault and I have to go to court , I am do not want to hurt him but I have found out he has previous assault charges from his last relationship 2 years ago , he has plead not guilty , is there a chance of him going to prison?

[major4577]

With today's lenient court I doubt it. Depends how serious the assault.

[whirlyhurly]

Was it you he assaulted?

[jeffa]

Difficult to tell with such scant information. What precisely has he been charged with? What precisely was he charged with last time? What was the sentence last time?

[New Judge]

Would the date for the trial be, by any chance, the 8th of July?

[Poppet1966]

He is charged with common assault and criminal damage. It was the second attack on me but I did not report the first attack but I do have a witness to that and they have been called to court also. I do not know what he was charged with previously but it was his wife he beat up and I believe he was ordered to do anger management classes. I have been told that the attacks on her were the same as on me

[New Judge]

Yes, but is the trial date the 8th of July?

[dj_ajax]

If he has been charged with common assault contrary to s39 of the criminal justice act 1988 then the maximum sentence will be 26 weeks imprisonment. If you look at this..http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf on page 25 it shows you what factors the court will take into account when sentencing. His previous conviction for a similar or same offence will not go in his favour for sentencing but that doesn't necessarily mean that he will go to prison. How come you have been summoned to court? Character reference?

[New Judge]

The answer to that question may become clear if we could establish whether the trial is on July 8th:

http://www.theanswerbank.co.uk/Law/Question1346447.html

[Poppet1966]

It is not in july

[New Judge]

Fair enough, then dj's answer will help with potential sentencing. My answers to the earlier question may help if you have to give evidence against your ex.

[Poppet1966]

I am the victim and have to give evidence against him

[boxtops]

Sounds nasty, poppet - at least if you give evidence then hopefully it'll stop him doing it to some other woman in the future. Sounds like a nasty piece of work....

[boxtops]

PS - why do you say "I don't want to hurt him"? How will he learn not to do it again, if someone doesn't stop him. Assaulting wives and girlfriends just isn't acceptable.

[factor-fiction]

From one of your earlier threads he has also had a prison sentence for ABH 6 years ago. Someone may know whether that is likely to affect the sentence (if found guilty)

[factor-fiction]

Hi New Judge- I had wondered whether the thread you referred to was the other side of the same case but I don't think we can assume it is. The difference over dates suggests it's not the same one

[New Judge]

No, certainly does not seem so, factor.

An ABH conviction six years ago is a bit old to have any substantial influence on the sentencing for this matter. However, if it too was for domestic violence it may convince the Bench that the accused is prone to knock women about a bit. Any offence of violence committed in a domestic setting is automatically aggravated by that fact.

[Poppet1966]

Boxtops : I know what ever sentence he gets he deserves, just mixed emotions whilst going through the process. I understand why people do not carry on with this sort of charge against someone. I really want him to get help and if prison is the place then I guess I will have to live with that decision