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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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I am due for sentencing today in magistrates court , I have

Resolved Question:

I am due for sentencing today in magistrates court , I have been for pre-sentence reports at probation service , my case is a section 39 , assault by beating , what sentence can I expect
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.

Do you have any previous convictions?
Customer: replied 3 years ago.

1 previous a DR10 from 2011

Expert:  Jo C. replied 3 years ago.


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

I would like to know what sentence the magistates can give me today on my section 39 assault by beating charge

Expert:  Jo C. replied 3 years ago.
What are the facts of the assault?

Were you convicted or did you plead?

What did probation recommend?
Customer: replied 3 years ago.

I struck my partner to the side of the head , blackened her eye , I pleaded guilty , probation recommended anger management and drink awareness , but I had already stated I would do this before recommendation

Expert:  Jo C. replied 3 years ago.
Thats a shame. I will give you some advice upon how to handle these domestics in a minute that would probably have avoided this.

Do you live together, do you have children, did they witness this?

Customer: replied 3 years ago.

we were living together at the time of the assault , but I was bailed to no contact by self servant or agent , no we have no children

Expert:  Jo C. replied 3 years ago.
Thank you.

The fact of the injury is the aggravating feature here. A blackeye is not the worst injury that the criminal courts see but it is not one that can be dismissed.

Otherwise there is no real aggravation here.

You will be given credit for your guilty plea as well and you have no relevant previous convictions.

It is too serious for a fine or a conditional discharge but I would expect a community order. They are not going to send you upon an IDAP course. The IDAP course is quite expensive to run and very intensive and wholly inappropriate for a first offence of common assault. Probably they will consider something like a supervision order with a requirement to do the think first course.

In relation to an alcohol order I'm not sure whether alcohol was an issue in this case? If the allegation is that you did this when in drink then your previous matter may be taken into account. They're not going to send you on a full-scale alcohol order as they are very onerous but there are smaller courses that look at unwise consumption of alcohol. They may also consider a restraining order although they should only do that if she wants one because they are very simple to remove if she does not.

There will also be costs of £85 and probably a sum in compensation. They will also order the victim surcharge of about £35.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

what is an IDAP course

Expert:  Jo C. replied 3 years ago.
Integrated domestic abuse program.

in most instances, in my opinion, a complete waste of time.
Customer: replied 3 years ago.

Ok , thank you for all your help with this matter

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

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