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what will be the charge?

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boogiebaby | 23:36 Fri 30th May 2008 | Criminal
7 Answers
i was assaulted at the weekend, by two girls. It was completly unprovoked (although we were previously friends and had fallen out), one girl punched be twise before they both pulled me to the floor by my hair. I was then repeatedly punch, kicked and kneed in my face. Luckily i came away with only a split lip, grazes, scratches and a lot less hair... What will they most likely be charged with?

many thanks
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Probably '"common assault, contrary to section 39 of the Criminal Justice Act 1988". Your injuries seem to be consistent with those mentioned here on the Crown Prosecution Service website:
http://www.cps.gov.uk/legal/section5/chapter_c .html#06

Chris
Hi Boogie,

Could be a Section 47 ABH with the kicking on the floor.

Law Man1856
probably nothing !!!!
They ought to get sent down - but they won't!
Law Man1856 suggests a possible ABH charge due to the 'kicking on the floor'. However, the difference between 'Section 39, common assault' and 'Section 47 of the Offences Against the Person Act 1861, i.e. "Actual Bodily Harm"' is determined solely by the nature of the injuries, not by the manner in which they were inflicted. (The manner in which injuries were inflicted only comes into play when considering 'GBH' under sections 18 and 20 of of the Offences Against the Person Act 1861).

I've already provided the link for the definition of 'common assault' which is used by the CPS when determining the correct charge to apply. It seems to fit in with the injuries you describe. However, if you want to read the definition of 'ABH', it's here:
http://www.cps.gov.uk/legal/section5/chapter_c .html#09

Chris
Question Author
Thanks for your answers. I just cannot believe they will more than likely get away with it!! Neither have past convictions. I even have text messages from them before threatening to do it, and after admitting it. Makes me very mad indeed.

Thanks again
Probably just a caution if it's their 1st offence, But that's not getting off lightly as it'll be on their record and there are lots of jobs now adays you need police checks!

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