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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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Im in court on Friday in front of the district judge Charge

Customer Question

I'm in court on Friday in front of the district judge
Charge common assult
First guy I hit he was knocked out for 20 seconds
Second no injuries.
To keep it short just key points
It started in que waiting for taxi
One of our friends pushed one of them over.
The door man removed them.
He then came back and told us the police were on way
And for our mate to do a runner.
After a few minutes I went over to them and asked why did you call police
He told me to F off and I hit him with one punch.
The judge wants to see cctv and a probation report doing.
My question is
What's your opinion on out come
What category it falls in less harm etc.
what is a probation report and why does he want one.
And I had a conviction 23 years a go
Will this still count or would they class this as a first offence
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What was your previous conviction for please?
Customer: replied 3 years ago.
Ii
Customer: replied 3 years ago.
It was assult
Expert:  Jo C. replied 3 years ago.
Ok.

but what level ? Common assault, S47, S20 or S18?
Customer: replied 3 years ago.
S47
Expert:  Jo C. replied 3 years ago.
If its a S47 and its over 10 years old then probably it will be disregarded.

Criminal convictions are never really spent for the purposes of subsequent courts but usually they are disregarded even if they are of a similar kind after they are 10 years old.

Is that all you wanted to know?

Jo
Customer: replied 3 years ago.

What do think will be out come


also what is the probation report for

Expert:  Jo C. replied 3 years ago.
It depends.

Are you sure this is a common assault?

It would not normally be charged as common assault if a person was rendered unconscious even for a short time. That said, it wouldn't normally be at the Magistrates either.
Customer: replied 3 years ago.

Yes common assult

Expert:  Jo C. replied 3 years ago.
If he was genuinely knocked out then that is greater harm.

Its not higher culpability on the facts that you mention here though so probably its category two.

The starting point then would be a medium level community order and the range is a fine to a high level one.
Customer: replied 3 years ago.

Their is no medical evidence just statement of his friend

Customer: replied 3 years ago.

Also what is the probation report for

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

I am just travelling at the moment. I will respond as soon as possible.

Thank you for your patience.
Customer: replied 3 years ago.
Did you have chance to look at my question
Expert:  Jo C. replied 3 years ago.
Sorry, I did respond to this but it obviously didn't upload.

Probation are probably considering what type of order is appropriate.
Customer: replied 3 years ago.


you mean community order,the judge asked for this to be done,they are doing it on morning of hearing

Customer: replied 3 years ago.


also only witness like the lads friend said he was knocked out


when the ambulance got their he wasnt.do they need written medical proof

Expert:  Jo C. replied 3 years ago.
They are going to need some proof that he was unconscious if they want to rely on it as an aggravating feature.

Its quite unlikely he was knocked out with no signs of visibility to the ambulance at all. Ambulance drivers are not very qualified professionals but there is likely to be a record somewhere.
Customer: replied 3 years ago.

the only record is a statement from doctor at hospital,it said a witness told the ambulance crew he had been unconscious.


I have seen all the papers and witness statements,even the attending police woman said he was motionless not unconscious.


 

Expert:  Jo C. replied 3 years ago.

This is a difficult problem.

I do agree with your view of this actually. This evidence just amounts really to a doctor noting whats been said to him. Its not a medical finding. He hasn't examined him and found that he was unconscious.

However, if you are offer a plea on the basis that he was unconscious then the court could and probably would say that there is a material difference in sentence between your version of events and his and that would lead to a Newton hearing where they hear the two accounts and decide which they prefer. If you lose then you would lose credit for a guilty plea.
Customer: replied 3 years ago.


ok thanks for that,


should my solicotor mention this when speaking to judge

Expert:  Jo C. replied 3 years ago.
It depends if you've pleaded on full facts.

If you have then you can't mitigate on that basis now except very gently.

I would probably say that its unlikely that he was unconscious for those reasons and leave it to the imagination of the court.
Customer: replied 3 years ago.


when i was interviewed the police said i hit him which i did but didnt mention he was knocked out,also they could not show me cctv as he couldnt down load it.

Expert:  Jo C. replied 3 years ago.
That doesn't necessarily mean they are not using it as an aggravating feature now. We just don't know on these facts.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 3 years ago.


'FOR JOE C'


on friday the probation office are going to do a full report as requested by the judge,could you give me some advise.

Expert:  Jo C. replied 3 years ago.
Yes, what would you like to know ?
Customer: replied 3 years ago.
Just what they will ask and what's it for
Expert:  Jo C. replied 3 years ago.
I wouldn't know what they will ask. It depends on the facts of the case.

usually they consider your circumstances - e.g accommodation, work record, drug or alcohol use etc.

As I said above, its to assess what type of orders are appropriate.
Customer: replied 3 years ago.


I run my own company employ 16 people,not on drugs,exelent work record never unemployed,do you think i have good chance.

Expert:  Jo C. replied 3 years ago.
A good chance of what?
Customer: replied 3 years ago.


not a jail sentance

Expert:  Jo C. replied 3 years ago.
As I said above, its likely to be a community order.
Customer: replied 3 years ago.

thank you

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/