Common Assault Beating

[Seeker14]

How come I could not continue to post an answer from my last question?

[tamborine]

On Re-reading your comments, you should plead not guilty claiming your hubby cut himself shaving (hubby to confirm in Court).. Chances are charges are dropped or lesser prosecution ie anger management, community service.

[Seeker14]

Thanks tambourine, just contacted a law firm about what to do after receiving the upcoming summon letter.

[tamborine]

Keep us informed Seeker. Good luck.

[Seeker14]

Thanks tamborine, I need all the luck that I can get... It is so unfair

[Peter Pedant]

Tambo - you are inciting someone to commit perjury ....
two people actually

Bad idea on all fronts - look at Vicky Price.....

[tamborine]

Peter, seeker claimed on original post her hubby cut himself shaving. If hubby confirms its not perjury.

[Seeker14]

To be very honest, on that day, when the police said to me I was under arrest for my husband has an injury. I said I didn't do anything or attack him. So did my husband. All I did was trying to grad his phone. May be it was caused by that. Little did I know for accepting responsibility of a totally unclear injury put me in such position.

[Seeker14]

I was downstairs with our son and my husband was upstairs getting himself ready. He only came down after hearing my yells and kick. He then picked up the phone and called the police.

[Barmaid]

It doesnt matter whether hubby confirms it or not. If it didnt happen like that - but both say it did - it is still perjury.

My reading of this situation is that Seeker and her husband had an altercation during which he decided to call the police. She went to grab the phone off him and it is thought at this point caught his face. To some extent, it is irrelevant whether she caused an injury or not at this time - the mere act of grabbing the phone is an assault. Indeed, there doesnt even have to be contact to constitute an assault (definitions here http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/ - note the difference between an assault and a battery).

Presumably she was then interviewed under caution and, as a result, offered a caution. I have no idea what she said in the IUC, but this will be admissible in Court. It's going to sound pretty odd if in the IUC she says "yes I went to grab the phone and must have caught his face with my nail" and then in COurt says "he cut himself shaving".

A canny prosecutor will charge this as an assault simpliciter.

[EDDIE51]

Take good note of what Barmaid is saying ^^ , she is a fully qualified barrister!
I am still certain that if you do take this further you are certain to lose.

[Seeker14]

Thank you everyone. I am going to appoint a solicitor after I received the summon and I will listen to his advice after he has got prosecutor's evidence in hand.