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Assault By Beatinig Self Defence

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ThierryHenry111 | 02:23 Tue 03rd Dec 2013 | Law
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I was arrested on suspicion on ABH, Later charged with 'Assault by beating' as i wasn't going to admit to ABH just to get a caution for something i did not do considering this is my first offence.

Basically i had been meeting up with an ex Girlfriend or a couple on months. Between the meet ups we had exchanged abusive texts and emails. Anyway we met up and she confessed to what she had done (even though i had known she emotionally continued to play me like i was dirt). I admitted to sleeping with other partners too. This was whilst we were in a Car parked up. She has then come closer to me and i have opened the car door to get out. She grabbed my hood and thumped me on the back of the head. I then told her to get off and asked what she was doing and she done it again. she asked if i had truthfully. I replied yes and she spat in my face. As i went to wipe my face she has hit my hand that was wiping and grabbed my wrist of the same hand. I have flung her off and court her under the eye with a 'palm heel strike'. she has minor bruising however i believe she has made it worse as what i would of caused was very little.

Her statement is full of holes, she says she doesnt no what part of the hand i used, she doesnt even no my birthdate according to this!!! shocking. Disgusting liar. She has taken 3 days to go to the police. They have evidence of my malicious communication before and after but havent charged me with this, however i have admitted i connected but i have said my head wasnt even looking at her when i connected. The injury (one strike which she admitted) doesn't even seem like i caused it. She has admitted in statement she told her parents she fell down the stairs.

I have been charged with 'assault by beating' (justice system really do need to sort that title out because that is shocking, it was 1 strike in COMPLETE self defence!.

I tried to retreat i couldnt, i told her to stop she didnt. She text me the next day 'im going to get you locked up for this' - disgusting human being.

I have pleaded not guilty as i know im not, im a university student wanting to become an accountant, there is no way i would risk something ive worked so hard for over a little immature girl.

Just wondering how im going to get on really, i know magistrates usually just convict people for domestic violence all the time, they dont even listen to the deendants, i have PCSO and special constable friends who even admit that. However how much case do i have to be able to prove self defence, and i want to counterclaim but i had no injuries?

This whole thing could ruin my career and therefore my life.

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Magistrates do not actually side with anybody, Thierry. They form an impartial tribunal that hears evidence from both sides and reaches a verdict based on that evidence. Furthermore, when announcing their verdict, they have to state the reasons for their findings in open court. This, of course, makes their task more onerous than that of a jury who simply...
17:32 Tue 03rd Dec 2013
do you have a solicitor?
Question Author
Yes, however they have said to me to not counterclaim as of yet (dunno why), and also that there is only 1 aggravating feature which is her injury which i cant of caused altho i did 'connect' with her there. they say the magistrate will believe me but its down to reasonable force. magistrates are useless i know.
then i don't really know what other advice you want. You are already paying for someone to give you advice. If you aren't happy with that, get another solicitor.
Btw, i think that some regular posters on here ARE magistrates, but i would guess they would probably now be reluctant to give you any advice, seeing as you've made it very clear what you think of them!
If you are looking for reassurance, there is little point because each case is judged on its merits.

Take your solicitor's advice regarding a counter claim, and the progress of your own case - it is his / her advice you are paying for.
Question Author
Yeah unerstand mark. Basicaly i want to know how self defence as a defence usually gets on in a magistrates court because its pretty obivious when it comes to 'domestic violence' the courts are generally sexist. they shouldnt be but it cant be denied. Even if they think im guilty does not mean she is innocent. I dont necessarily think magistrates are sexist, im just saying the law in regards to domestic violence has gone way to far the other way, years ago i can imagine some people got away with it but now they convict people on such little evidence. Its doesnt seem a justice system, seems more of a reaction system.
Question Author
And as i said in the oriignal question mark, i dont have a roblem with magistrates i just have been told by other people who have been in similiar positions that they generally side with the victim or whoever has an injury, they dont take into account the actual mechanism - is that true?
Magistrates do not actually side with anybody, Thierry. They form an impartial tribunal that hears evidence from both sides and reaches a verdict based on that evidence. Furthermore, when announcing their verdict, they have to state the reasons for their findings in open court. This, of course, makes their task more onerous than that of a jury who simply have to declare “guilty” or “not guilty”. Your PCSO and Special Constable friends are not best placed to comment on the criminal justice system any more than habitual burglars or drug dealers are.

Your views on the courts’ treatment of domestic violence (which does not, incidentally, always have women as victims) is interesting. Once again, it may be wise for you to do a bit of research into the issue (which might involve studying some of the statistics surrounding such incidents) before making sweeping statements such as “…courts are generally sexist.”; “…the law in regards to domestic violence has gone way to far the other way…” and “… now they convict people on such little evidence”. In particular your last remark is fatuous. Courts cannot convict without evidence. If you have seen any examples at first hand (rather than via your friends) I’d be interested to learn about them

Anyway, enough of that as Magistrates do not need me to defend them. When you have gained a little more experience in life (and perhaps seen Magistrates at work first hand instead of relying on second hand evidence from people who are clearly not impartial) you may think differently.

Violence which takes place in a domestic situation (which the incident you describe did) aggravates the offence but does not make the burden of proof any lower. The Bench must be convinced beyond reasonable doubt of your guilt. Self defence is a statutory defence against Common Assault (which encompasses “Assault by Beating”). If you decide to run that defence you have to convince the Bench that the force you used was necessary, proportional to the threat you faced and that you had no other reasonable alternative. The burden of proof rests with you and you must prove your defence to the lower standard “on the balance of probabilities” (i.e that it was more likely to be true than not).

I’m sure your solicitor will have explained all this to you but if you want some more information this might help:

http://www.cps.gov.uk/legal/s_to_u/self_defence/

It is the Crown Prosecution Services guidance to prosecutors that they use when considering a case where self-defence is being claimed.
Question Author
I just want to say 'new judge' that i honestly accept exactly what you have said there, as you can imagine im stunned at this moment in time considering i feel actually im the victim yet it seems the CPS jump to charging someone as soon as an injury occured, hence why i have taken it to a trial.

I have a strong case as the victims statement is so shockingly physically impossible what she has said that t cant swing any other way. However the injuries i have seen photographs of (one bruise and nothing else below the eye) i dont believe i caused. How can i put that forward because it seems she could have caused an injury wherever and the police charge me even without listening! hence the trial i surpose.

How can i put it to the court i dont believe i caused that exact injury?
And how wiill a counterclaim go about and whens best to do this as she attacked me! i just flung her off me.

As with regards to me taking the advice of my friends, yeah apologys for that as you can imagine im shocked to know a human being such as herself would want to put me and my family to this.

From what you say about 'balance of probailities' so are you saying if it was a female magistrate and soomewhere in her family domestic violence had occured that wouldnt influence there decision? also dependant upon how the magistrate is feeling that day? its extremely poor to rely on that i think and i cant deny i wish it was an ABH charge so i could get a fair trial in the crown court.
"And as i said in the oriignal question mark, i dont have a problem with magistrates"
errrr , no you didn't you said " i know magistrates usually just convict people for domestic violence all the time, they dont even listen to the defendants"

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