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I have been charged under section 39 of beating my wife and pushing my son of 15 in the face i attended court last week and has been put back to the 20-9-10 due to the defence papers not arriving in court on time i intend to plead guilty to both charges
but am now having a change of heart having seen my sons statement(i did not want to get my son into court to go through all the questioning) what can i expect to get as a maximum sentence ive tried to speak with my solicitor with out much joy.
Answers
Just as a matter of interest, what do you think your sentence should be?
12:58 Mon 13th Sep 2010
-- answer removed --
The guideline “starting point” for Section 39 (Common Assault) is a fine or a discharge. However, as soon as any aggravating features are present a community order will be considered.
As you describe it, this incident took place in a domestic setting (and is thus seen as “domestic violence) and it took place in the presence of (and indeed one of the victims was) a child, albeit 15 years old. These factors certainly aggravate the offence considerably.
In your favour is the fact that the assault was not sustained, but consisted only of a single blow or shove to each victim. Additionally, a guilty plea will reduce any sentence that may be imposed.
You really do need a solicitor to put the matter to the court on your behalf. In view of your previous good character the court may be persuaded to deal with the matter by way of a Conditional Discharge. However, if they feel there may be underlying problems which may need the intervention of the probation service they will order a pre-sentence report and you will have to be interviewed by the probation service before you are sentenced.
If you plead guilty neither your son nor your wife will need to attend court and their statements will be summarised by the prosecution.
Hope that helps.
As you describe it, this incident took place in a domestic setting (and is thus seen as “domestic violence) and it took place in the presence of (and indeed one of the victims was) a child, albeit 15 years old. These factors certainly aggravate the offence considerably.
In your favour is the fact that the assault was not sustained, but consisted only of a single blow or shove to each victim. Additionally, a guilty plea will reduce any sentence that may be imposed.
You really do need a solicitor to put the matter to the court on your behalf. In view of your previous good character the court may be persuaded to deal with the matter by way of a Conditional Discharge. However, if they feel there may be underlying problems which may need the intervention of the probation service they will order a pre-sentence report and you will have to be interviewed by the probation service before you are sentenced.
If you plead guilty neither your son nor your wife will need to attend court and their statements will be summarised by the prosecution.
Hope that helps.
I have made my mind up not to judge this guy unfairly Count, I have said what I think about his behaviour but as I don't know the full story, it would be wrong of me to say hurtful things, I can't cast everyone in the same mould as my first husband, I will always disagree with wife-beating and the reverse.
And having just read Eddies post there are a couple of things that I should add:
A fine and a bind over is not a suitable disposal. You may be fined (though I doubt it) but a bind over is unlikely to be used in a case of domestic violence. Its purpose is to punish but to prevent further breaches of the peace and if the bench considers there is a likelihood that you may reoffend they will order probation intervention.
If you are sentenced to unpaid work 40 hours is the minimum that can be awarded (after any discount).
A fine and a bind over is not a suitable disposal. You may be fined (though I doubt it) but a bind over is unlikely to be used in a case of domestic violence. Its purpose is to punish but to prevent further breaches of the peace and if the bench considers there is a likelihood that you may reoffend they will order probation intervention.
If you are sentenced to unpaid work 40 hours is the minimum that can be awarded (after any discount).
if he did and is found guilty...then yes Count, he will deserve it, but if there are 'lies' in there and he feels he is being unfairly treated, then I have to wish him well and one would hope justice will out in the end,
if. for instance, he gets charged for beating his wife, then , I would say, your own fault, you deserve all you get!
if. for instance, he gets charged for beating his wife, then , I would say, your own fault, you deserve all you get!
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