common assault?

Question

if you've been charged with common assault and found guilty. what sentence can they expect? say it was a glassing in a bar and left a scar on the said person's face

I am the victim!!! and It was a girl who did it!!!

Answer 1

Glassing someone in a bar is'nt common assualt it's gbh and whoever did it needs locking up ! But the way this country's going they'l probably do the landlord for keeping glasses on the premises !

Answer 2

Firstly to those who say it's not common assault but GBH, the defendant may well have bargained to have the charges reduced to common assault which would have been agreed with the Crown Prosecution Service, possibly because the CPS may not be able to prove beyond reasonable doubt that it was GBH.
Regarding the sentence, it depends. IF it is her first offence then she will most liekly receive a Community Order with Supervision and Unpaid Work and possibly participation in the Think First programme to attempt to readjust her thinking behaviours.
However, if she has a history of offence, especially similar offences, then she may receive a prison sentence or a suspended prison sentence (which will order her to do Supervision and / or Unpaid Work) and if she fails to attend appointments or commits any further offences (even if she steals a 50p item from a supermarket or is caught driviing wiht no insurance) the prison term will be activated and she will be sent to prison for the original (common assault) charge.
The sentence will depend on her Pre-Sentence Report which is normally ordered by the Courts in cases like this. It all depends on how the Probation Officer views the case and if they assess that a Community Order will be the best way to go to reduce her offenceding behaviour, that is what they will advise. However, the Courts do sometimes ignore the report recomendation!

Answer 3

Common Assault, contrary to section 39 Criminal Justice Act
An offence of common assault is committed when a person either assaults another person or commits a battery.
An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.
A battery is committed when a person intentionally and recklessly applies unlawful force to another.
It is a summary offence, which carries a maximum penalty of six months imprisonment and/or fine not exceeding the statutory maximum. However, if the requirements of section 40 Criminal Justice Act 1988 are met, then common assault can be included as a count on an indictment. Refer to Summary offences and the Crown Court (Criminal Justice Act 1988 sections 40 and 41; Crime and Disorder Act 1998 section 51 and Sch.3 para.6, elsewhere in this guidance.
Where there is a battery the defendant should be charged with 'assault by beating.' (DPP v Little (1992) 1 All ER 299).
In law, the only factors that distinguish common assault from assault occasioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861, are the degree of injury that results and the sentence available to the sentencing court.
Where battery results in injury, a choice of charge is available. The Code for Crown Prosecutors recognises that there will be factors, which may properly lead to a decision not to prefer or continue with the gravest possible charge. Thus, although any injury that is more than transient or trifling can be classified as actual bodily harm, the appropriate charge will be contrary to section 39 where injuries amount to no more than the following:
Grazes;
Scratches;
Abrasions;
Minor bruising;
Swellings;
Reddening of the skin;
Superficial cuts;
A 'black eye.'

Answer 4

You have my sympathy.
The assault as you describe it should most certainly have been charged as unlawful wounding or GBH. I can only assume that, as she has pleaded guilty, it was a 'plea bargain' between the CPS and her solicitor.

My advice? She has pleaded guilty - so if you don't get awarded suitable compensation from her by the court:

a) apply for Criminal Injuries Compensation (quite a high threshold, but if you are female (are you?) and have a facial scar you may meet the criteria; and/or

b) sue her in the civil court. This need not cost much and will probably inflict a far higher penalty on her than she will get from the criminal court.

As for what she will get as a sentence? Depends very much on her previous conviction history and how much remorse her solicitor can persuade the magistrate / judge she is feeling.
Common assault? First offence? Conditional discharge or community service.

Take care and good luck.

Answer 5

Common assault is the most minor of all assaults. Hitting someone in the face with a glass would be Sec 18 Offences Against the Persons Act, Greivous bodily harm with intent to cause Greivous bodily harm. You don't break a glass in someone's face by accident. The max penalty is Life inprisonment. A considerable jail sentence is likely. For common assault a fine or Community service, possibly a condictional discharge.

Answer 6

It depends whether they've been in trouble before. If it was a first recorded offence, then she probably won't be sentenced. She's very unlikely to make it to court as she'll only get a caution from the custody Sgt upon her release. Obviously I don't have the full facts, but normally a glassing would give someone ABH injuries (actually bodily harm - which is the next step up from common assault). In this case she would probably go to court and get a fine of some kind.

Answer 7

It shouldn't have been common assault. I'd be prepared to wager that it was originally ABH (assault occasioning actual bodily harm) and that it was reduced to common assault to keep it in the Magistrates' Court. In this case I would expect that the girl concerned would get some form of Community sentence and also be ordered to pay compensation to you. Certainly you would be entitled to expect compensation and it might be worth while putting in a claim to the Criminal Injuries Compensation Board anyway, as in considering such a claim they are able to deduct any award made by the Court.

It might be a long time before compensation ordered by the court trickled your way, as most people reach an arrangement with the court at so much per week and sometimes they default...

Answer 8

Its dependant on the victims injuries. However if scared then it is ABH and dependant on the injuries could even amount to GBH.

However if the charge was common assault then that was decided by cps. An will be dealt with Magistrates Court were its all in there hands. Cound be anything from case dissmissed to a slap on the wrist and a fine or to pay compinsation. Doubt very much a sentence will be issued even though they could they never really do.

Answer 9

I thought in most of these cases it depends on the judge. If your a regular brawler he may come down hard on you, was it intentional, did you strike first, was it self defence, were you outnumbered?

All these factors contribute.

Try to push to be tagged, its not like your were robbing banks/rapist/paedo jails overcrowded. You can be "managed by being kep away from pubs/bars" ie at home.

You probably have to pay some sort of compensation for the scarring. The guy could sue you too privately.

Answer 10

hassle-loose assualt can communicate over with any actual touch inflicted on the sufferer that would not reason adequate harm for an quite actual injury charge. Slaps, punches, kicks etc could desire to all consequence in this could charge. The sentence surpassed relies upon on considered one of those fatcors, e.g.: - How previous you're. the sentencing framework is diverse for adults and for juveniles. - notwithstanding in case you have any previous convictions, quite for something comparable. - notwithstanding in case you plead responsible or are got here across responsible at trial. - notwithstanding if the magistrates or decide settle for which you have been protecting your self. this potential that sentencing thoughts can selection from a important or a Conditional Discharge in the slightest degree severe circumstances, by community sentences (probation or supervision by the greater youthful people Offending team), to imprisonment for repeat offenders.