Adjournment to clarify Plea?

[Shazza36]

My 16 year old son was beaten up last June and we eventually got to court last week the 2 brothers that did it were both charged with battery and initially pleaded not guilty however on the day of the court hearing they decided that the older brother (age 19)who initiated the attack would plead guilty if the charges were dropped against the younger brother (age 16). We agreed to this as one of our witnesses was too scared to give evidence, another was a friend of the accused and it was thought he might change his version of events and the other witness was the girlfriend of my son at the time of the attack. Sentencing was scheduled for yesterday and I have now been informed that it has been adjourned because they need to clarify his plea?? Apparently its not clear what the basis of the plea was- it is not clear if he was pleadeing guilthy to his version of events or my son's version of events- i thought when someone pleaded guilty to a charge that was that, they were then sentenced. Has anyone heard of this before??

[Barmaid]

Yes, this does happen. Normally a plea of guilty will be on a "full facts" basis - ie the facts as outlined by the prosecution. However, the prosecution may take a view and accept a plea on a limited basis for example, the prosecution case may be that the defendant hit the complainant 4 times over the head and kicked him once; the defendant may say, OK I accept I punched him 4 times, but he was never kicked - exactly as you said in the question. I am surprised though that the basis of plea was not sorted out at the time since it is a relatively simple matter in a case like this to determine. But it is possible that the lawyers who dealt with the plea may not be the same lawyers in court for the sentencing. If a full note has not been made, it would be necessary to go back to the original lawyers for clarification. Either way, it looks as if a guilty plea has been entered.

[Annlinda]

Has compensation been asked for? If not get in quick before sentencing takes place.

[StarskyH]

Need to clarify that annlinda, a criminal conviction can be used as evidence in a civil case, so there is no point to "get in quick".