Quizzes & Puzzles0 min ago
common assult
today i have had an argument with a man on a train it ended with me puntching him one time only . I have no record and have never been in trouble before (age 38) i have phoned the police today and told them what i have done (as i feel it was the right thing to do ) they have as yet had no complaint made to them , but that may change . I have left all my details with them . If the man does make a complaint what could i be looking at ? I do not wont to lose my job so i wont to be prepaired .
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Common assault can result in a prison sentence, of up to 6 months, and/or a fine of up to �5000 but don't let that start you panicking! ;-)
It practice (particularly in the type of circumstances you describe) common assault is more usually a 'slap on the wrist' type of offence. A court might impose a community sentence (e.g. a certain number of hours unpaid work) but I doubt that they'd even bother doing that in your case. It would more likely to be just a relatively small fine (of, perhaps, �200), plus costs (perhaps �60) plus a �15 payment to the victim compensation scheme. A supervision order ( = 'probation') might also be imposed but I suspect that the court would see little point in doing so.
If you've been in your job for less than a year, an employer can fire you for any reason (or even in the complete absence of a reason). Thereafter, an employer could only dismiss you for something that occurred outside of work if
(a) your contract specifically allowed for such action ; or
(b) your actions resulted in a 'loss of trust' in your suitability for the post. (If you're a teacher, and the court case was reported in the press, an employer might reasonably believe that it was not possible for you to continue in your job. But if you stack shelves in Tesco there would be no such 'loss of trust').
Chris
It practice (particularly in the type of circumstances you describe) common assault is more usually a 'slap on the wrist' type of offence. A court might impose a community sentence (e.g. a certain number of hours unpaid work) but I doubt that they'd even bother doing that in your case. It would more likely to be just a relatively small fine (of, perhaps, �200), plus costs (perhaps �60) plus a �15 payment to the victim compensation scheme. A supervision order ( = 'probation') might also be imposed but I suspect that the court would see little point in doing so.
If you've been in your job for less than a year, an employer can fire you for any reason (or even in the complete absence of a reason). Thereafter, an employer could only dismiss you for something that occurred outside of work if
(a) your contract specifically allowed for such action ; or
(b) your actions resulted in a 'loss of trust' in your suitability for the post. (If you're a teacher, and the court case was reported in the press, an employer might reasonably believe that it was not possible for you to continue in your job. But if you stack shelves in Tesco there would be no such 'loss of trust').
Chris
Thank you Buenchico . i have been with my work for 10 years . If it is reported to the police will it help that i have told them before he did and that i only throught one puntch.Some people told me not to contact the police but it happened with lots of people around and as soon as it had happened i new it was wrong , it was not preplaned and i only new i had done it directly after it had happened . It was heat off the moment witch at my age i did not think could happen .
I am assuming that if charged with this, you will plead guilty. The fact that you yourself have called the police (I hope you got a ref no) will count as a mitigating circumstance under "cooperation". Other mitigating circumstances are one punch only, (hopefully) no injury, no previous convictions, no pre planning. Provocation is never a defence, but depending on the level of provocation it may be used as mitigation. An early guilty plea will attract a one third discount in sentence.
I suspect the likely outcome is as Chris says. However, for a first offence, the Court may well lean towards a conditional discharge. IF you are arrested for this, seek legal advice immediately since a good solicitor can often bring the sentence down a little by telling the bench relevant factors.
The police may well even seek to deal with this by way of a caution or reprimand and may not seek to prosecute.
I suspect the likely outcome is as Chris says. However, for a first offence, the Court may well lean towards a conditional discharge. IF you are arrested for this, seek legal advice immediately since a good solicitor can often bring the sentence down a little by telling the bench relevant factors.
The police may well even seek to deal with this by way of a caution or reprimand and may not seek to prosecute.
Thanks for the reply, Kingboard. Barmaid's post seems to have answered your questions.
I'm just a guy who's interested in the law, reads a lot of court reports, and has done a small amount of court reporting for the press myself. Barmaid is a barrister, so her answers in the 'Law' section should always take precedence over mine. (I did consider mentioning the possibility of a conditional discharge but I thought that I might be leaning a little too far towards the 'optimistic' end of things if I referred to it).
We seem to be agreed though, that (although you should always regard the possibility of any criminal charge seriously) you shouldn't allow yourself to have sleepless nights over this matter.
Chris
I'm just a guy who's interested in the law, reads a lot of court reports, and has done a small amount of court reporting for the press myself. Barmaid is a barrister, so her answers in the 'Law' section should always take precedence over mine. (I did consider mentioning the possibility of a conditional discharge but I thought that I might be leaning a little too far towards the 'optimistic' end of things if I referred to it).
We seem to be agreed though, that (although you should always regard the possibility of any criminal charge seriously) you shouldn't allow yourself to have sleepless nights over this matter.
Chris
Chris
You have probably seen the inside of more criminal courts (on a purely professional level!) than I have recently. But on the few occasions I did crime, I used to work on the basis that "if you don't ask you don't get" and would always try for the lowest sentence possible. The key here is getting a good solicitor who appears regularly before the local courts and knows how the local benches think.
In one particular incident dealing with a persistent shoplifter who had served weeks and weeks of short sharp shock prison sentences I told the bench that there was no point in sending him to prison because it didn't work because he just reoffends so they might as well try some community intervention. I was almost speechless when they agreed with me and didn't pot him!!!!
You have probably seen the inside of more criminal courts (on a purely professional level!) than I have recently. But on the few occasions I did crime, I used to work on the basis that "if you don't ask you don't get" and would always try for the lowest sentence possible. The key here is getting a good solicitor who appears regularly before the local courts and knows how the local benches think.
In one particular incident dealing with a persistent shoplifter who had served weeks and weeks of short sharp shock prison sentences I told the bench that there was no point in sending him to prison because it didn't work because he just reoffends so they might as well try some community intervention. I was almost speechless when they agreed with me and didn't pot him!!!!
As i tryed to pass him ,and his bike he made it so i had no room ,and it forced me to be against the wall i got in front of his body, and he then used his bike to block the gap and starrted shakeing his bike so i had to grab the bars to moved them out my way . At that point i asked him what he was doing and the rest is history .
Hi kingboard:
"I should have just walked off".
I wouldn't beat yourself up about it (definitely NO PUN intended!). We all have a breaking point because we're all only human!
I wish I'd had a tenner for every time I'd regretted something - I'd be a millionaire by now!
You did something any of us might also have done under the circumstances - hindsight's a marvellous thing (NOT) because it only prompts the "guilt card".
Try to put it behind you - hopefully nothing more will come from it. Good luck.
"I should have just walked off".
I wouldn't beat yourself up about it (definitely NO PUN intended!). We all have a breaking point because we're all only human!
I wish I'd had a tenner for every time I'd regretted something - I'd be a millionaire by now!
You did something any of us might also have done under the circumstances - hindsight's a marvellous thing (NOT) because it only prompts the "guilt card".
Try to put it behind you - hopefully nothing more will come from it. Good luck.
hello all well 2 months down the road from the event the police decided to areest me for abh today and took me in for an inter veiw. no idear why it took 9 weeks but there we go . They have now told me that i broke the guys nose when i puntched him ... but after the inter veiw they still have to decide what to do . they have bailed me till end of july when they say they will make a decision to what they are going to do . Why are they taking so long 9 ( i told them from day one i hit him ) they did try to get me to say that he had not started it but i was not having that .if i do not get a cautoin on july and this goes to court what could i be looking at for this ..... one puntch..... not planed........ phone it in within an hour ..... no police record .... have helped them in every way i can ... tks for you help people as normal
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