Further Assault

[Shazza36]

I posted here last week:http://www.theanswerbank.co.uk/Law/Question368 109.html re my son being assaulted and setencing being adjourned. My son was attacked by the same person and his gang last night, they beat him up and stole his mobile can the magistrates be informed of this when considering his sentence for first assault?

[smudge2279]

Sorry to hear about your son being assaulted. You have every right to attempt to inform the magistrate of the new offence but the magistrate does not have to consider it. Due process is normally that the second offence is deemed to be unrelated as the first offence has gone past the conviction stage, so you must lodge a second complaint with the police. As the defendant has technically been convicted of assault and is awaiting trial, his second offence will be deemed to be more severe and will therefore warrant a harsher sentence that will be tagged onto the existing sentence.
PS I hope he gets custodial. Good luck.

[Shazza36]

Thanks- my son's witness care officer emailed the CPS solicitor but nothing came of it. He ended up with a 12 month Community Order with 60 hours unpaid work, �150 costs and �70 compensation for the original assault.He hasn't been charged with the second assault because his mother gave them all an alibi! But she has since sold the stolen mobile to our local second hand shop giving her full details and providing ID she didn't know that the owner was a friend of a friend and had been asked to watch out for it!