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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have a case where Ive been sentenced for 6mts suspended

Customer Question

I have a case where I've been sentenced for 6mts suspended sentence .. the case went from arrest- to court appearance to newton hearing to sentencing ...I was given a Newton hearing and found guilty of a knife charge. I contested the knife charge but had a witness who had photographed the woman's injures on the night in question who was not allowed to testify .. he even sent a letter addressed to the magistrates court as a impartial witness statement which the magistrates on sentencing were not allowed to see. On the first court appearance I pleaded guilty on the condition that 1 account of battery and the knife incident was dropt but the judge said that he was unhappy about the dismissal of the knife crime so ordered a Newton hearing 1mth later from initial court appearance . I meantime had changed my solicitors because they had
1... initially told me to change my prepared statement when arrested and say no comment at the police interview
2... at court there representative had bargained away the knife crime because it was very dubious and even the prosecutors was ready to dismiss it because the girl was drunk

I have allowed myself to be hammered down by someone who had prepared the way for her day in court . her abuse was drunken abusive verbal shouting until I reacted in which she would then exaggerate the incident and file for domestic abuse against me.
This came to a head in sept of last yr when I found her reading my diary's and texting ex girlfriends and family when on her usual drunken binge .
I split up with her only to find myself back with her 3weeks later .
in-between that time she had charged me with domestic violence which the police had to follow up on and did. on the day in question ( my birthday she was in the house ) I agreed with the policeman to be escorted down to the local police station and answer any charges ... the matter was dropt..
I again split up with her over a ideal to travel for job opportunities. she reacted again whilst drunk again but this time she sought the help of a neighbour who photographed the bruises on her and then called for a taxi

the bruises where made up from
a injury done before the date in question ( a lower back base bruise )
a injury caused by in sex ( a L/H arm triceps skin discolouring )

Pictures were taken of all the injured parts of her body by the neighbour at that time

what then happened is that she late reported that a knife was used to threaten her and produced a scar that I have not been able to see even before or during sentence ( newton hearing and sentence date ) along with a picture
at the Newton hearing her CPR made a request for screens to be placed in court so that she was not allowed or I was not allowed to see each other
I then had to sit through her statement and testament which I could not counter because my key witness was not allowed to bear testament

to add to this I keep records or daily events
she had used a timeline of events and contorted the timing to make a explosive but short episode seem like a weekend of abuse ( one which she admits to drinking but the amount has been ignored and diminished ( she drank 6 vases of red and white wine .. 2 bottles of 330 vodka , 6 cans of larger in total over fri- Sunday ) her evidence was based on the weaker sex being abused when I was trying to help ..

I always said to my solicitor that I was innocent of 2 of the 3 charges of battery
I admit to reacting to her after a weekend of drunken argument which cumulated into a
incident of no ore than 10-15 seconds

pleaded to get away from her and was told that as it was ( without the knife sentence ) I would get off with probation ...

she has been witnessed to have talked about involving a knife to made the case stick by the neighbour who is willing to state that in court
I've been told I have 21 days to appeal
what would you advise

Kevin
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

How can I help you with this?
Customer: replied 3 years ago.


iam thinking to start a appeal proceeding's on firstly the newton hearing verdict of a knife being used and then because I was sentenced on 3 accounts of battery which they have included the verdict of the use of a knife I would like the whole trial to be reopened and the witness who has 1.. independently sent a letter to magistrates court stating that there was no knife wound on the night in question visible


2... that the woman was witnessed as clearly drunk so again her statement of facts is dubious


3...that my plea was a condition of the thought that the knife charge was being dropt along with another charge ( second court appearance and after which I then changed solicitors


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Can we just try to summarise this into relevant facts?

This was a conviction of the magistrates?
Customer: replied 3 years ago.


Yes

Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but you must have pleaded guilty for this to lead to a Newton hearing?
Customer: replied 3 years ago.

 


do you have any advice of what I should do


go for the appeal ? then ask for a retrial ?

Expert:  Jo C. replied 3 years ago.
Would it be possible to respond to my question above? It would make all the difference.
Customer: replied 3 years ago.


yes I did on the advice of the solicitor that I could finish this quickly but what happened was that I was then told that sentencing was postpone till a newton hearing was done. With the newton hearing I because id plea'd guilty they then took the side of the prosecutor to say that the knife crime did actually take place ... this didn't happen but the victim produced a knife wound and pictures that I would of contested but was unable to .. im told if I appeal the newton hearing its only then that I call call my witness.. who will state that ... there was no knife wound on the night


that the victim had talked about adding a knife crime to the assault


 


what my question is ... should I go to appeal because I believe I've been wrongly accused ...and what would happen if I lost my appeal

Expert:  Jo C. replied 3 years ago.
I understand you want to tell me everything but I really need to get to the bottom of the relevant facts in order to give you an answer that will help.

On what basis did you plead guilty?

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