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What were her injuries?
The CCTV is a problem.
If it shows him kicking her then it is game over realistically.
The only debate is over whether or not her injuries were severe enough for ABH.
I must admit that I would have charged this as a common assault rather than an ABH. Bruising alone would not normally reach the charging standard.
If this drops down to a common assault there is no prospect of a custodial sentence.
If it turns into an ABH then there is a chance but it is not likely on a first offence.
It will be a community order of some form.
The kicking is an aggravating feature especially if it is with shod feet as that is a weapon on the caselaw.
Can I clarify anything for you?
Not if they have CCTV evidence that identifies them both and shows him doing this.
They would prosecute on the basis of that alone.
Yes, it is awful and a huge waste of public money.
But that is their current policy I'm afraid.
You should get legal aid for an ABH.
There isn't much difference between the quality that you get if you pay privately really.
All the best.
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