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Deako | 07:58 Sat 07th Jun 2008 | Criminal
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I was charged with common assault in March following an incident with with ex girlfriend. Basically after months of being insulted and having my stuff vandalised , I grabbed hold of her and told her to leave me alone using some blue language. The police took statements from my ex and her best friend who accused me of trying to strangle her and hitting her head against a wall. I have always denied this; there is no evidence, and no injuries to back up their story. I was advised to plead not guilty to the charge after my original basis of plea was rejected by the CPS. I am in court soon and have just received news of another witness statement which backs my side to the story to an extent, by not mentioning strangulation or beating her against the wall but it goes against me by saying I was more aggressive than I have admitted to. I believe he is saying more of what he was told by the girls rather than what he saw.He was interviewed 8 weeks after the incident, is this too late? My ex has since tried to kill herself to complicate matters and won't be mentally stable enough for court. Should I stick with my not guilty plea or would it be wise to plead guilty and reintroduce my basis of plea?
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i think the fact that the victim is mentally unstable is to your advantage. the fact there is no evidence of her wounds and only verbal evidence would mean that there would have to be 'very' consistent to prove beyond reasonable doubt.

8weeks is not to long. however, this should be raised that this evidence was not fresh in mind, and may result in inaccurate testimony. Your strongest defence is the truth, so stick to it
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Thanks, very sound advice. I'm hoping the truth will come out in the end. Please see my next question about the police action.
Thanks again.

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