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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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I am due to attend the Magistrates Court to give evidence.

Customer Question

I am due to attend the Magistrates Court to give evidence. At a previous hearing, the defendant pleaded GUILTY to the offence of assaulting [me] by beating. He is now on unconditional bail.
The assault consisted of attacking me and biting right through my nose!!
A NEWTON has now been arranged.
I understand that the defendant has more than 1 prior convictions, I believe related to possession of amphetamines.
What is likely to happen at the Newton and what are the possible sentences the defendant is facing?
Thank you :-)
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are the circumstances of the assault?
Customer: replied 12 months ago.
Hi JoIt took place in a pub. It was very quiet and then the defendant and his friends turned up and were rowdy. After a period, I joined them at an outside table. The defendant was unknown to me. I was chatting with his friends at the table and he was at a different table. He took a disliking to me and the next thing I knew I was on the floor having my nose bitten through! The entire episode is on CCTV. It's fair to say that I was 'in drink' and I said so in my statement.
Expert:  Jo C. replied 12 months ago.
Is he charged with common assault?
Customer: replied 12 months ago.
He's pleaded guilty to 'Assault by beating'
Expert:  Jo C. replied 12 months ago.
If this was an injury of this kind then I'm surprised they didn't charge more serious offences.
Anyway, a Newton hearing is almost the same as a trial except that it is a trial of the issue of who's evidence is preferred on this point.
In terms of sentence, if he has no previous for violence then that is not a hugely aggravating feature.
It is really going to come down to which community order is appropriate. I would imagine that on your verions of events the court is saying that it crosses the custodial threshold but on his it does not but there isn't really much in that as he would not get custody for a first offence of violence.
There will be a costs order obviously.
Can I clarify anything for you?
Jo
Customer: replied 12 months ago.
Am I likely to face tough questioning on detail from the defence at a Newton of this kind?Thank you very much.
Expert:  Jo C. replied 12 months ago.
There is probably going to be a challenge I'm afraid.
Otherwise there would not be a Newton as they do contain risks.

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