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jomo1972, Barrister
Category: Scots Law
Satisfied Customers: 70209
Experience:  Bar Exams, 3 years in practice.
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I was charged with Assault to injury (domestic) and also

Customer Question

I was charged with Assault to injury (domestic) and also breach of bail by entering my ex partners street. Both charges I have plead not guilty to. I am trying to find out what sort of sentences I could face if found guilty of both charges and the variables
if only found guilty of one or the other. I have tried getting this info from my solicitor but it appears I have hired a bunch of circus performers who I never get a response from.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
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Expert:  jomo1972 replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
I am looking to find out what the possible sentences could be if I am found guilty. I am extremely confident that the assault charge is not going to stand up to scrutiny from my solicitor but I am nervous as to what could be the outcome should both charges be found guilty at trial.
Expert:  jomo1972 replied 1 year ago.

Ok. What are the facts?

What are you said to have done?

Customer: replied 1 year ago.
I apparently grabbed her by the throat, pushed her against a wall and pushed her down the stairs. The medical evidence in the court papers state that the victim claimed to have a sore stomach and sore index finder. She refused medical treatment.
Customer: replied 1 year ago.
I think it is also important that she still allows me unsupervised access with my 2yo son. He stays at my house 3 nights a week.
Expert:  jomo1972 replied 1 year ago.

Those are actions that probably do amount to the higher end of the sentencing bracket.

Nevertheless, on a first offence I wokd expect a community order probably involving something like the think first course. It is not serious enough for an IDAP course.

It is aggravated by the grab to the throat and obviously the push down stairs.

This would normally leave injury though so I would concentrate on being acquitted.

Can I clarify anything for you? Jo

Customer: replied 1 year ago.
In 2009 I plead guilty to criminal law consolidation scotland act 1995 section 5 3. I was given 3 years probation.What is the higher end of the sentencing bracket bearing in mind there is also a breach of bail for entering her street (non violent/aggressive)
Expert:  jomo1972 replied 1 year ago.

The higher end does include custody but I wouldn't expect that really. The breach of bail is not the worst aggravation.

Never admit offences at the police station especially with domestics as she might not have given evidence.