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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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I am looking to find out how likely it may be of my partner

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Hi I am looking to find out how likely it may be of my partner getting a prison sentence. He was cautioned under section 39 common assault by beating. The victim was uninjured and stated this, my partner was claiming self defence but as the victim called 999 he was advised to plead guilty at trial. He has had a common assault 2 years ago. He is in full time education - is there a high chance of imprisonment?
What is the nature of the assault?
Customer: replied 2 years ago.
The victim antagonised my partner on the road whilst driving and led to them throwing some punches where my partner hit him but was no injury. Fingerprints of my partner were found on his window.
How many blows?
Customer: replied 2 years ago.
There were approx 3 or 4, victim claiming up to 10 which is not true, there are also no witnesses to any assault other than a witness being aware an argument had happened
You would not generally get custody for a common assault unless you had a horrendous record. The only reason there is a risk here is that this is a road rage incidents and that does generally attract higher penalties. It really depends which version of events is accepted for the purposes of sentence. It is your partner's version then probably he would avoid custody in favour of an unpaid work order. If it is the Crown's case then the risks are greater. He needs to think very carefully about maintaining this version of events though because the Crown would almost certainly say that those pleas on that basis is not acceptable and that it would make a material difference to sentence. If so the court would have a hearing to determine which version of events it prefers and if he loses that then he would lose credit for a guilty play and there would be a costs order. If he loses the hearing of this kind there would have been no point in pleading guilty really. Even then the court might suspend it though. Can I clarify anything for you? Jo
Customer: replied 2 years ago.
The court accepted his plea of guilty, they have asked for background reports to be done and he will go back in a few weeks for sentencing. As he is in full time eduction and is extremely apologetic for his actions, he has 1 other common assault which happened 2-3 years ago, I would really like to know what the probability of a jail sentence is? Is it highly likely that he will be imprisoned for this?
Yes they will except his plea. They can't stop him pleading guilty. The question is whether or not they are sentencing on the crowns basis or on his. I think I covered imprisonment above?
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Customer: replied 2 years ago.
I'm unsure if it is his case or the crown, I am aware that he has already been ordered to pay expenses and compensation plus court costs. If it is the crowns case, is he likely to get as long as 6 months ?
Customer: replied 2 years ago.
Can you advise per above?
No, he couldn't get any longer than 6 months. It is a maximum He won't get six months anyway. He has pleaded guilty. Even if it is the worst case of it's kind they would have to reduce it by one third to reflect the guilty plea. It isn't the worst case of it's kind anyway.