Abh Advice

[smittygh]

What are the chances of getting prosecuted for abh for an alleged slap to the face of a women which allegedly has resulted in a filling being knocked out.
However the defendant(male) has said no slap occured and the taxi driver who was driving the car at the time did not witness anything either.

In the disclosure there was no mention of bruising. It was also alleged there was a punch to the arm of the victim but no bruises which the defendant also denies ever happened. The defendant and alleged victim had been drinking alcohol together before hand for a few hours aswell with no arguments occuring and got in the taxi together to go home.

The defendant has no previous convictions or interaction with the police.

[New Judge]

Your description ("In the disclosure there was...) gives the impression that a decision to prosecute has already been taken. If not, who has disclosed what to whom and why?

[davebro]

Should never come to court IMV - waste of everyone's time & money.

[New Judge]

//... waste of everyone's time & money.//

Well it depends, dave. If you're prepared for it to be acceptable that blokes should knock women about (or the other way round) because it is "domestic" then maybe you're right. However, we don't know all the facts (and never will) so we can only go on what we are told.

The OP has asked what the chances are of "getting prosecuted" when I wonder if he or she means what are the chances of getting convicted. Much more information needed.

[Peter Pedant]

But somehow her filling fell out
...
thanks NJ - yeah looks like prosecution is a cert - and as usual it depends on the facts ....as presented in court

[davebro]

"an ALLEGED slap to the face of a women which ALLEGEDLY has resulted in a filling being knocked out "

"the taxi driver who was driving the car at the time did not witness anything either."

He said / she said. No other witnesses. I don't think a slap would of itself cause a filling to come out and leave no other sign. How could a conviction be obtained?

[New Judge]

Such matters are always "alleged" until they are proven dave, no matter how blindingly obvious (or not) the facts seem to be. Go to any court and you will see "obvious facts" referred to as "alleged" and anybody referring to them without that prefix will be pulled up. Courts are there to determine what is alleged and what actually happened.

//He said / she said. No other witnesses.//

Which describes a huge number if not the majority of domestic violence incidents. Are you suggesting they should not be pursued?

//I don't think a slap would of itself cause a filling to come out and leave no other sign.//

No, neither do I but we don't know what really happened.

//How could a conviction be obtained?//

In the same way as any other. If there is sufficient evidence to convince the court "so that they are sure" (or "beyond reasonable doubt" in old money). That evidence can consist solely of the testimony of the (alleged) victim, as it often does in such cases. Just from a personal viewpoint (based on nothing but guesswork) I would suggest this is more suitable to be charged as Common Assault rather than ABH. For that charge to be made out, not only does there not have to be any signs of injury, there does not actually have to be any physical contact at all.

[smittygh]

Hi the defendant has been released under investigation by the police. I add to this the duty solicitor has stated as there is no external bruising and no other witness evidence this is unlikely to goto court. The defendant denied any slap had occured. I may have misunderstood that the defendant is RUI at the moment. Also that for the defendant they have no previous convictions for anything and this is an isolated incident

[smittygh]

I also add to the the defendant hasn't been given a charge sheet so hasn't been charged as yet

[smittygh]

Has anyone got a view on if they thing the defendant will be charged as they are under investigation if no further evidence is found. The only current evidence is the victims statement and the defendants statement for them

[New Judge]

Then it seems unlikely but not impossible. Nobody here can give you a more definitive answer than that.