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WITNESS RETRACTION

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Ghengiskhan | 22:07 Sun 12th Sep 2010 | Criminal
39 Answers
hI
i HAVE BEEN CHARGED WITH ABH ( assault by beating) I gave a no comment interview, and pleaeded not guilty
she has now retracted her statement and also instructed solicitor to write to Police and CPS confirming retraction and that she wants the bail conditions lifted and does not support prosecution
i have to attend a pre trial review and the case has been listed for trial in December

I have read so many articles regarding this matter, has anyone got any answers, how do i get the bail conditions lifted before trial, i miss my children and of course my wife
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It's a bloody long time since I did any DV. However this is what generally happens. Prosecution will summons your wife. She has to attend on a summons and quite often the prosecutor will send a PC round to her house to bring her to court - without her - unless there is independent eye witness evidence the case is likely to fail since the burden of proof is on the...
20:01 Sat 18th Sep 2010
A few more details may be handy mate. Who did you assault? Did you do it? What evidence do the police have?
Question Author
THE VICTIM WAS MY WIFE, WE HAD AN ARGUMENT WHICH GOT OUT OF HAND, SHE WENT TO HER gp FOR TREATMENT, gp REPORTED THE MATTER TO SOCAIL SERVICES WHO THEN GOT THE POLICE INVOLVED. A WEK LATER IPOLICE CAM TO MY HOUSE AND INTERVIEWED MY WIFE, THEY SAW BRUISING ON HER ARMS AND I GOT ARRESTED, SHE MADE A STATEMENT AND I WAS CHARGED AND TAKEN TO COURT. SHE HAS RETARCTED AND WILL NOT TESTIFY IN COURT, WHAT ARE MY CHANCES

I PLEADED NOT GUILTY AND GAVE NO COMMENT AT POLICE INTERVIEW
THEY HAVE HER STATEMENT AND PHOTOS OF BRUISED HANDS
Very briefly, the CPS now has a policy of continuing prosecutions for domestic violence whenever possible even if the alleged victim withdraws the allegations.

Whether they do or not in your case depends upon the eveidence they have. Until they make their decision it is unlikely that your bail conditions will be lifted.
she was still bruised a week later?

I'm sure the CPS will carry on with the prosecution once your terrified wife has withdrawn her statement, they have sufficient evidence.

why did you plead not guilty? you'll get a heavier sentence when you're found guilty.
Actually mate, you sound like a pr1ck. You battered your wife bad enough for her to require medical treatment, then you plead not guilty and don't even have the balls to admit to the law that you did it.

You are a Grade A pudding.
Nice username - it's a good choice!

;-)
You deserve all you get, and throw away the key
Normally in cases of domestic abuse, the victim will be given leave to remove themselves from the prosecution process without let or hindrance if the Police and social services have enough evidence to convict.Pleading not guilty when,by your own admittance,you left long term bruising that required the attention of a Doctor,puts your chances of being imprisoned very high.The bail conditions are there to protect the victim or victims and are never removed unless the threat of violence has subsided.Also your 'no comment' interview may be viewed as a lack of remorse.
ABH ( assault by beating) ? I always thought ABH was actual bodily harm?
He obviously beat his partner causing 'Actual Bodily Harm'........so some force was used.
MrIncredible, I think assault by beating is a sub-section of ABH.

sounds like a thoroughly nice bloke though, eh?

you miss your wife (sounds more like you hit the target) and kids.. what a shame you didn't have enough respect or control to not actually assault her. big man..
So you battered your wife? (I hope the kids werent around to see that) And like a coward you plead not guilty?!? -

What happens the next time things get out of hand??
Unfortunately chaps like him are viewed with utter distain within the prison system and often suffer abuse and beatings from all sides untill they learn to keep their dirty woman beating hands to themselves.
Question Author
FIRSTLY, I WAS HOPING TO GET SOME USEFUL INFORMATION, ALL I HAVE SAID IS WE HAD AN ARGUMNENT WHICH GOT OUT OF HAND, THAT MAKES ME GUILTY OF ASSAULT, NONE OF YOU GOT ANY OF THE FACTS OF WHAT HAPPENED, BUT SUMMISED YOUR OWN FINDINGS -
Well then enlighten us dear chap, what did happen?

(Oh and please turn your Caps Lock off, it makes reading your posts so much easier on the eye)
what do you expect? you did a no comment interview "it may harm your defence if you do not mention, when questioned.. " so you've buggered that. you've pleaded not guilty when you're evidently guilty.

your legal rep can try to arrange to go before the bench to see if your bail conditions can be altered. don't hold your breath.
Facts that youve given....youve assaulted your wife.

Sympathy will be hard to find, regardless how you try and spin it.
Question Author
sympathy is something i am not interested in,,,,,,,,, just need to get this messed cleaned up and get on with life
so stop behaving like an @rse. plead guilty, spare your wife this extra grief, be a grown up, do your sentence and consider anger management/counselling etc.
So man up...Plead guilty.

God knows what got out of hand, but it is likely you'll asault her again. Get some help now..therapy whatever

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