Domestic Violence, Common Assault

[MsFarrell01]

My ex partner is due in court next week for common assault against me in front of our 5 month old baby. He has pleaded not guily but will most definately be found guilty, we both live in Brent, does anybody know what the possible outcome might be? Im very nervous about going to court and i just want to know what to expect. Any advice would be welcome.

Thank you very much

[bednobs]

i copy this excellent answer from new judge:
"Common Assault is contrary to Section 39 of the Criminal Justice Act 1988. It is a �summary� offence (that is, it can only be heard in the magistrates� court) and the maximum penalty is six months imprisonment and/or a �5,000 fine.

The Magistrates� sentencing guidelines for a first time offender pleading not guilty suggest a community penalty. The defendant may persuade the Bench to reduce that sentence to either a fine or a Conditional Discharge if the injuries were slight. They may order compensation to the victim, and a contribution towards prosecution costs (which in most areas is about �250 for a summary offence which goes to trial) will also be ordered.

A guilty plea would almost certainly avoid a community penalty. "

[sara3]

sorry to put a downer on this, but he won't definitely be found guilty.

the justice system doesn't always work like that, but I wish you all the best x

[MsFarrell01]

im pretty sure he will as i have text messages of him trying to bribe me and asking me to tell the police that i hit my face on a door. He said that if i lied to the police he would pay for me and my daughter to go on holiday. I have yet to show these to the police but surely they will make a difference, he admits to what he did and also the police have photo evidence that they took after the incident, the police turned up literally a moment after it happened. If a discharge is all he will get it makes me understand why people take the law into their own hands. Not that i agree with it but it is more justice.

thank you for your comments.

[sara3]

if you have more evidence you need to show it to the police asap. there are rules on disclosure of evidence and you can't just turn up on the day with something unexpected, and assume it can be used at such short notice.

[Shoesandsuga]

I hope he does get found guilty but it's not for sure. The justice system isn't always right. I wish you the best. :)

[MsFarrell01]

Thank you everyone.

[bednobs]

why on earth are you witholding evidence - it's not like you will just be able to stand up in court when he pleads not guilty and say "ha! but i have the proof"

[SHELLP]

Dont be so sure he will get a guilty verdict The police solicitors and everyone involved in my case were convinced he would but he got not guilty despite the numerous photos the evidence by several police officers who he threatened me in front of. The only thing in your favour is that have heard more chance of guilty in magistrates than crown. I am still getting grief and nothing anyone can do about it because it is indirect.

Shellx

[fredpuli47]

Legal aid won't come into it if you are a witness to an alleged crime , whether as victim or otherwise. That's because a witness to crime which is prosecuted in the criminal courts doesn't need or have a lawyer in what is a criminal trial!
However the rest of the advice above is right. Don't worry about the outcome in the magistrates' court.You ought to make sure the police and Crown Prosecution Service have all the material beforehand to present to show guilt.It's up to them what use they make of the material and other information you have, but if they don't know what it is or that it exists they won't be able to consider It !

[andyclark]

well i got found guilty of hitting my wife(did not do it)
she took pics of what i had done to her after 3 days
i got 6 months speneand sentance for 18 months and 140 housrs comuinty work and probation for 18 months and �750 to her

[MsFarrell01]

He got found Guilty...awaiting sentencing.