section 39

[sarah7878]

Please help. My partner was charged with section 39 battery and has to appear before magistrates court on tuesday. He has pleaded guilty and the person he attacked has also retracted their original statement and doesnt want any further action to be taken. He has a solicitor and has never been seen before a court before. I am passed myself incase he gets a custodial can someone please help please

[Buenchico]

Read through this list:
1. Use of a weapon to frighten or harm the victim
2. Offence was planned or sustained
3. Head-butting, kicking, biting or attempted strangulation
4. Offence motivated by, or demonstrating, hostility to the victim on account of his or her sexual orientation or disability
5. Offence motivated by hostility towards a minority group, or a member or members of it
6. Abuse of a position of trust
7. Offence part of a group action

If two or more of those 'aggravating factors' are relevant to the assault committed by your partner then the offence has passed the threshold for the court to consider a custodial sentence. (Even then, your partner's guilty plea and previous clean record would probably still make custody very unlikely).

If none of those factors apply (or only one does), the bench won't even consider a custodial sentence.

So the chances of your partner being sent to prison are extremely slim. A community order (or even just a simple fine) would seem to be far more likely.

Chris

[kbs100]

hi i have also been charged under section 39 (battery) due to the fact that the victim was hostile towards me and made the first advance, i felt the need to strike out to stop him from attacking me! i have a witness who see his advance towards me in a aggressive manner and see me stike him once with my fist. this whole matter was aggrivated by the victim abusing my partner via email on more than one occation, i approached the victim to ask for him to stop emailing but the situation got worse, i felt myself to be at risk and lashed out? any advice as to what might happen at court.... many thanks

[kbs100]

any help would be gr8???