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downgrade abh to common assault

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phoebe2k10 | 05:08 Sun 31st Jan 2010 | Law
3 Answers
Is it possible that an abh charge can be downgraded to common assault? Considering the fact that the alleged 'bodily harm' was a minor cut on the hand that required no hosital treatment. In addition, the cut was sustained from placing the hand on surface covered in broken glass shards due to an argument in which the defendant slammed down a glass cup in frustration.
Note - he did not throw the glass at the victim. They were having an argument, he slammed the cup down on a table in frustrattion, it shattered into several peices that extended al over the room; victim asked him to clear up the glass and he refused cos he wanted to talk things through first; victim ended up cutting herself by unknowingly placing her hand on a surface that had the broken glass.

In addition, victim does not wish to prosecute - she simply wants anger management and counselling programmes as the incident was simply a domestic incident that escalated a little. She did not call the police, and was pressured into giving the statement

Can the abh charge be downgraded to common assault - it seems that might be the way it is going
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If the 'victim' doesn't wish to prosecute/press charges then it shouldn't go anywhere. The police just want a conviction - they don't really care who from. It shouldn't even get to court.
Is this the same incident posted 29/jan , in which the victim called the ambulance , which arrived with the police. the aggressor now on remand in Wormwood ?????
What happened to the pillow over the victim's face?
there is no point asking for advice if you dn't provide the full facts, because any adice you ask for on here can only be provided on the information given. For example, if as in your previos posting the assailant did try to choke/smother/strangle her, and the victim made a statement to that effect, you might get different advice!

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