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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My partner has been accused of assault by beating an exs mobile phone and

Customer Question

Hi
My partner has been accused of assault by beating for grabbing an exs mobile phone and apparatantly breaking her nail which he didn't know had happened. He is pleading not guilty but has had previous conviction of assault in 2012. He has also a ready pleaded guilty on a malicious communication for sending one text to her. What could the sentence be for this? It's in the magistrates court
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.
Is the previous matter upon her?
Customer: replied 2 years ago.

No it is not. This was an isolated incident

Expert:  Jo C. replied 2 years ago.
It is not the worst assault. She will only have reported it to get revenge. She will probably have a long history of doing this to other partners.
The other assault is quite recent but if it is not upon her then that is helpful.
Given that it is domestic nonsense the court won't want to give him a conditional discharge but it is not serious enough for an IDAP course. They will probably impose something like a think first course or something similar. There will also be compensation that will vastly outstrip her broken fingernail.
You might want to report this twaddle to the Taxpayers Alliance as I cannot believe that the public would think it is sensible use of public funds to prosecute people for assaults that amount to a broken finger nail.
They may impose a restraining order to stop him having contact with her but that wouldn't be a bad thing from his own point of view. Quite frankly, if he needs company then he would be better off with a dog than a partner who keeps the police on speed dial.
He will have to pay costs of between £85 if he pleads early and about £300-£600 if he has a trial.
I wouldn't worry about the text. It will not add anything to the sentence.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So u doubt he will get a custodial sentance. He has already spent 4 weeks on remand.

The only reason she went to the police was she didn't want him turning up at her work and this is evident in her statement.

The cps have also lost the cctv footage but have rejected a abuse of process argument.

Sorry I'm just worried due to his previous

Expert:  Jo C. replied 2 years ago.
That would tend to suggest that he has previous convictions beyond that assault in 2012? He wouldn't be remanded on these facts.
Customer: replied 2 years ago.

He broke bail conditions in 2012 that's why they put him on remand however this was later thrown out due to the police loosing the cctv footage the magistrates were not happy with the cps. Would this change what you think the outcome will be?

Expert:  Jo C. replied 2 years ago.
They wouldn't have remanded him three years later on that basis alone normally
Unless the assault was a good deal more serious than this.
If the facts are as you say then that will be the outcome.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

Thanks for your help the other day. He was found not guilty for the assult charge which is great. However we still need to go though with sentancing for the miscommunication charge. He sent more than one message (he told me this after I messaged you) and they were of a threatening nature. It is being treated as dv what do u think the sentance may be?

Also he is still not allowed to contact her as part of his bail conditions yet she messaged him yesterday what should he do about that?

Thanks

Expert:  Jo C. replied 2 years ago.
Keep a note of the contact she is making and do not respond. Do not delete it. It will be useful when she gets attention by making allegations that he is in breach of orders and also you do actually annoy women like that far more by ignoring them. That takes away their power. The whole reason they do this is to get revenge because they are basically stupid childish narcissists who use the police and the courts to control people by pretending to be a victim.
I had actually thought it would be more than one message. They don't use the communication act all that often. It depends what he said in the messages and how often they were sent and also upon his previous. He has done a period on remand though so immediate custody might make sense as he wouldn't get longer than two months unless there is huge aggravation.

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