Without wanting to go into too much detail, earlier in the year, whilst at work, I recieved injuries including scratches and a bite that drew blood, when an seemingly innocuous incident rapidly deteriorated and an individual flew into a rage and attempted to prevent me from leaving their property. My glasses were also damaged. It seems that the individual concerned has 'anger management' issues that were undisclosed at the time. The individual was subsequently arrested, and ended up being charged, and pleading guilty to the two counts of common assault. (on myself and my colleague). The individual has since been remmanded on bail and the case sent to crown court for sentencing.
I just cant help but think that 'common assault' doesn't do this offense justice. I've subsequently been left with scarring on my arm, and as matter of fact person that I am, I do go over the inccident in my head fairly frequently, trying to figure out how I could have avoided it It's the first time in a thirteen (heh) year career that I've been unable to aviod a sticky situation (I don't work in IT, BTW). I also have had to take a fairly unpleasant course of antibiotics, and still have six month blood tests results hanging over me, which obviously isn't nice either.
As the victim, do I have any recourse to disagree with the charge of common assault? I'm no legal expert, I don't really know how these things work, just that I feel increasingly aggrieved that my injuries were put in the same catagory as someone who recieved a shove or similar. It just doesn't seem quite right.
FWIW, I have submitted a further 'witness impact statement, with pictures or my injury as it progressed through the healing process. I don't know if it will make any difference.
Sentencing has currently been delayed pending psychiatric reports. 🙄
GBH and ABH surely..?
Unfortunately the cps charging standards do not directly correspond with the legal definition. As below from the CPS website. These were agreed with ACPO ( association of chief police officers)
"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. But this latter factor is only relevant in the Crown Court. The magistrates' court is able to pass exactly the same maximum penalty for both offences, namely six months' imprisonment.
Where (as will often be the case) battery results in injury, a choice of charge is available. It is very important that such decisions are made on a consistent basis and having regard to the two key factors:
The level of injuries that have resulted; and
The likely sentence that the court will pass.
Injuries
Although any injury that is more than 'transient or trifling' can be classified as actual bodily harm, the appropriate charge will be one of Common Assault where no injury or injuries which are not serious occur.
In determining the seriousness of injury, relevant factors may include, for example, the fact that there has been significant medical intervention and/or permanent effects have resulted. But there may be other factors which are also relevant and these will need to be carefully considered when deciding whether or not the injuries are serious.
It should be borne in mind that Parliament created the offence of Common Assault specifically to cater for those assault cases in which the injuries caused are not serious."
So in brief, strictly speaking I would have arrested your assailant on suspicion of a S.47 assault. The CPS would have authorised charge on a S.39 common assault.
Can't say I agree with it myself but it's what we have 😕
i don't want to be disrespectful as it seems like you suffered a traumatic and unpleasant experience but why the rolling eyes at the end ?
seems logical to me that there should be a psychiatric report on anyone with a history of mental health issues who subsequently gets charged and found guilty of biting someone. surely that's the best way towards preventing it happening again ?
Thanks Bregante. Thats a bit pants really, isn't it.
That sounds like a horrible situation. Can't help with the legal side but work in occ health. I would try not worry about 6/12 bloods. Testing moved on so much now if was any cause of concern the 3/12 testing detects it. Have you been offered counselling/ support? Easy to underestimate impact of such an unusual/ unexpected assault on you.
i don't want to be disrespectful as it seems like you suffered a traumatic and unpleasant experience but why the rolling eyes at the end ?
Sorry. To clarify. I (subsequently) know more about this individual than I am willing to discuss on a public forum, and I suspect that I know the game that he/she is playing. Or I may just be being cynical and a bit bitter, which, given the circumstances, I'm prety sure I have the right to be. I've not got much else.
EDIT
I would try not worry about 6/12 bloods.
Cheers for your concern. I'm not particularly worried, but it's just a bit rubbish having it there. As for counseling, I think I'll be OK, but I know who to turn to if need be. Ta x
Not good at all v8ninety. Chin up.
I suspect you do a similar job to me and this type of incident appears to be more and more common. I'm also surprised that in view of your job, the CPS didn't push for a more serious charge, especially as it sounds like this person may have 'previous'.
Maybe next time he needs 'assistance', there will be an appropriate delay before he gets it. You wouldn't want to be there if the scene wasn't safe 😉
Do you play football?
Maybe next time he needs 'assistance', there will be an appropriate delay before he gets it. You wouldn't want to be there if the scene wasn't safe
Absolutely. The marker went straight on the system. I would be a very unhappy bunny if the individual got the chance to do something like this again.
Do you play football?
Haha! Very good. I wish! several grand a week salary would go a long way to me feeling a bit better about it...
Were there other indictable offences? Common assault is a summary offence so it is usually dealt with by magistrate's court as opposed to crown?.
OP could bring a private action for battery and (possibly, depending on what happened) false imprisonment, but whether it would actually be worth doing is a different question.
Did you get any CICA compensation?
Don't know much about CICA compensation, but assumed I couldn't claim until the criminal prosecution had concluded. No point making a civil claim, wouldn't be able to get blood out of a stone.
It was originally heard at Magistrates, who sent it to Crown for sentencing.
v8 - its unlikely that you would have any influence on the charging decision, but certainly its not possible even if the CPS suddenly changed their mind to do so once he has plead guilty.
Assault covers a very broad range of stuff, from things many of us would probably never even call the police about through to some really nasty stuff. Its not uncommon for their to be some negotiation between the defence lawyer and the CPS on the exact nature and wording of the charge to avoid the expense and inconvenience of a trial by extracting a guilty plea.
OK so this means that the magistrates heard the circumstances /details and felt that it probably merited sentencing beyond their powers. Combined with the fact he is remanded - a custodial sentence is clearly a strong possibility. I'm not sure what more you really want?It was originally heard at Magistrates, who sent it to Crown for sentencing.
Individual is on bail, not in custody. Tbf, I should wait until sentencing before putting the comfy saddle on the tall horse, but it was just the 'common assault' bit that frustrates me. As a layman, that seems to equate more to a shove or a bit of a non damaging punch than being left with a life long scar.
Sorry I would never normally use "remand" in terms of bail - but you are of course quite correct. I wouldn't loose sleep over what they called it - just be grateful it made it all the way to conviction.
Do you not think that 6 months imprisonment would be a suitable punishment for someone biting you and leaving you with a scar?
Picture of the scar?
I quickly scanned this thread, are you sure you should be posting this if the courts haven't finished with the perpetrator?
Ach, it's at the sentencing phase, so there's not even a jury, and it's so vague that none of us could likely pin the thread to a particular case. There's not a prohibition on discussing active trials, there's a prohibition on conduct "which creates a substantial risk that the course of justice in the relevant proceedings would be seriously impeded or prejudiced".
http://www.out-law.com/page-9742
I think it would be perfect. We'll see. I somehow doubt it'll even go custodial. Maybe I'm just being old and cynical, but when did you ever hear of anyone going down for common assault?Do you not think that 6 months imprisonment would be a suitable punishment for someone biting you and leaving you with a scar?
Picture of the scar?
Haha. No. Imagine the scar from a human bite. That'll cover it.
I quickly scanned this thread, are you sure you should be posting this if the courts haven't finished with the perpetrator?
I have deliberately kept it quite obtuse, not so much from the legal case point of view, more from the patient confidentiality angle. I'm grumpy, not daft.
How has it got to the crown court ? The magistrates can't send a common assault to the crown court on it's own .
How has it got to the crown court ? The magistrates can't send a common assault to the crown court on it's own.
I don't know? I had no idea that it was unusual. Maybe because of the psyche aspect? Or maybe because it was two related counts, on people trying to help the individual. I'm just repeating what I've been told by the witness support people. I guess it's a good sign from my point of view.
That's what I was wondering, are you sure it's common assault he's been charged with? If it is then there must be a related more serious offence for it to end up in crown as common assaults can't just go to crown for sentencing as a matter of routine. It is definitely a good sign for you in terms of punishment.
Reading between the lines, your job involves caring/supporting this individual? Therefore you should have been made aware of his anger management issues, you should also of been given information and training on how to manage this behavior safely. You need to be speaking to your line manager not this forum.
You have already said he has mental health problems; does he also have Learning difficulties?
The reason I ask is what benefit will come from a more serious outcome than common assault? What does this individual need to keep everyone safe?
Reading between the lines, your job involves caring/supporting this individual? Therefore you should have been made aware of his anger management issues, you should also of been given information and training on how to manage this behavior safely. You need to be speaking to your line manager not this forum.
This ^^^
I work in community support and we get trained in breakaway techniques and de-escalation, also provided with support plans and behaviour background info before working with anyone.
Although sometimes it goes pear shaped regardless of what you do tbh..
Kinda, but on an ad hoc, never met them before basis. Therefore;Reading between the lines, your job involves caring/supporting this individual?
Isn't often possible. It wasn't in this case.Therefore you should have been made aware of his anger management issues,
of course, I have. But this forum (as demonstrated above) has a breadth of experience of the justice system not available at work. I'm seeking a bit of an outlet and some opinions, not specific advice about how to handle situations like this in the future.You need to be speaking to your line manager not this forum.
No I didn't, and no he/she hasn't.You have already said he has mental health problems; does he also have Learning difficulties?
I can think of a few things that the individual needs, but I'm probably not the one to ask in this instance.what benefit will come from a more serious outcome than common assault? What does this individual need to keep everyone safe?
What exactly is your job?
Sounds like you might be a bailiff to me. 😉
England/Wales or Scotland?
Sorry you right you didn't say anything about Mental health it was trailmonkey's comments that made me think that.
I guess what I was getting at the is justice system does not work for some people. e.g those with Learning diffs and mental health issues.
England.
I guess what I was getting at the is justice system does not work for some people. e.g those with Learning diffs and mental health issues.
Agreed re learning difficulties, but not relevant in this instance. Mental health? Well it's a whole spectrum isn't it, but having a short fused temper and a misplaced sense of entitlement shouldn't be any kind of excuse or mitigation for violent conduct.