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Jo C.
Jo C., Barrister
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there i have been charged with three things Assault by

Customer Question

Hi there i have been charged with three things
Assault by beating section 39, Section 5(1) and (6) of public order Act and
section 31 1(b) and (4) of the crime and disorder act. All this happened in a shop where the victim was a security guard. I was very very drunk and can't remember any of the events . I have never done this in my life being 43 and have never racially insulted someone. I am so scared and have a criminal lawyer representing me. There is CCTV footage. The racial insult whereby i allegdy called guard a monkey . Please help with your views
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking what sentence you will get ?
Customer: replied 2 years ago.

yes. i was very drunk and had no recollection of what happened.

Expert:  Jo C. replied 2 years ago.
That doesn't necessarily mean you cannot defend it. It is a disadvantage when an allegation cannot be denied but I do find that jurors are becoming increasingly intolerant of allegations of racism which seem to be bandied around fairly liberally.
I presume the CCTV shows some form of assault? If so, you will have to plead. What sentence you will get depends on the nature of the assault but the aggravating feature is that he was a person acting in the exercise of his duty. That said, security guards are not really vulnerable and you could argue that the exercise of his duty is to deal with animated people. You can go a long way down that road. On that basis, disputes with bouncers should be aggravated as well and courts never seem to accept that.
CPS will not accept a plea to common assault alone unless the victim doesn't want to give evidence. It doesn't actually add much to the sentence really but it is CPS in the pursuit of the politically correct.
If you have no relevant previous though I would expect a community order. They are not likely to give you a fine or a discharge because of the racial aggravation but it is not serious enough for custody.
I would imagine that a community order would involve something to deal with any alcohol issues. I don't know whether there are any alcohol issues or this was just binge drinking on one occasion like half the country does. Probation do not generally accept that distinction though. I have known probation officers who think that getting drunk on your birthday is ***** of alcohol abuse but there you have it.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

i have been taking strong prescription meds for last 10 weeks from my gp. A few days before i changed the meds and also informed my doctor. The meds i recently took stated on the packet do not drink alcohol. I didn't read this and carried on taking them on the day. Got drunk during lunch and then despite going home to my wife i have no idea how i ended up in this shop. I have never experienced this sort of thing ever where i have been so drunk completely out of character. Will doctors letter help to say i was on meds?

Should i plead to assault but disagree on racial insult . However, at the police station as i was so scared and shaken the solicitor on duty told me to write a statement hoping for a ca union. In the statement i said that i disnt remember anything at the shop however i believe what the police said. I also said i was sorry to have used the words and in no way meant offence. I was scared and never been in this situation i stupidly made this statement but answered no comment to the police interview. I appreciate if you can further answer this.

Customer: replied 2 years ago.

22 February 2015 05:59 EST




i have been taking strong prescription meds for last 10 weeks from my gp. A few days before i changed the meds and also informed my doctor. The meds i recently took stated on the packet do not drink alcohol. I didn't read this and carried on taking them on the day. Got drunk during lunch and then despite going home to my wife i have no idea how i ended up in this shop. I have never experienced this sort of thing ever where i have been so drunk completely out of character. Will doctors letter help to say i was on meds?



Should i plead to assault but disagree on racial insult . However, at the police station as i was so scared and shaken the solicitor on duty told me to write a statement hoping for a ca union. In the statement i said that i disnt remember anything at the shop however i believe what the police said. I also said i was sorry to have used the words and in no way meant offence. I was scared and never been in this situation i stupidly made this statement but answered no comment to the police interview. I appreciate if you can further answer this.


Expert:  Jo C. replied 2 years ago.
If you have made admissions in interview then the only option is to plead at court.

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