Client Pleads Guilty to Assault - Avoids Prison

Case study summary

Our client avoided a prison sentence after he was originally charged with two counts of assault and possession of an offensive weapon. We had successfully persuaded the prosecution to amend the charges and instructed one of our expert lawyers to attend the sentence hearing.

Case study

Our client was a 40-year-old father to 4 children aged 3 to 16. In January 2023, he was charged with possession of an offensive weapon and two counts of assault by beating. The complainants were the landlord and landlady of a Public House in Manchester. As the sole carer for one of his sons, who was 10-years-old, our client feared being sent to prison so he contacted us and requested our help at his upcoming court hearing.

We obtained the case papers from the prosecution and reviewed the evidence against our client. The prosecution stated that our client had thrown a pint glass towards the landlord and landlady of the Public House and then proceeded to punch the landlord in the face. Fortunately, the landlord had not sustained any injuries.

Our initial thoughts after reviewing the case papers were that our client had been overcharged. Our client explained that he had been celebrating his friend's 40th birthday party with his friends and his partner. At around 11pm, and after drinking alcohol since 1pm, our client saw his partner being removed from the pub by the landlord and landlady. In an attempt to help his partner, our client threw a pint glass towards them and then ran at them which resulted in him being ejected from the pub as well.

The first charge was one of assault by beating. The complainant was the landlady and the particulars of the assault were that our client had thrown a pint glass towards her. However, there was nothing to suggest that our client, or the glass, had made any physical contact with the landlady. Consequently, we persuaded the prosecution to drop the charge of assault by beating to a lesser charge of common assault.

The prosecution had also authorised a separate and further charge of possession of an offensive weapon - the weapon in question being the pint glass. We argued that the glass would not be classified as an offensive weapon whilst our client was stood at the bar and drinking from the glass. It only had the potential to become an offensive weapon once it was thrown towards the complainants but this act would be punished through the first charge of common assault against the landlady. It would not have been fair for our client to be prosecuted twice for this behaviour. The prosecution agreed with our submissions and withdrew the charge of possession of an offensive weapon.

The third charge was another charge of assault by beating. The particulars of the charge being that our client allegedly punched the landlord in the face. Our client denied this but explained that, after running towards the landlord and landlady to help his partner as she was being removed from the pub, a group of males grabbed hold of him and attempted to eject him from the pub as well. During the commotion, our client believes that his elbow made contact with the landlord's face and knocked his glasses onto the floor. As some physical contact did occur, our client pleaded guilty to this offence but we emphasised to the prosecution that he had not intentionally punched the landlord in the face, as alleged by the prosecution.

Following a successful amendment of the charges, one of our expert assault lawyers attended our client's sentence hearing. A custodial sentence was still a real possibility because our client had relevant and recent previous convictions relating to alcohol misuse. However, we argued that the impact which an immediate custodial sentence would have on our client's children, and particularly his 10-year-old son who he was the sole carer for, would be devastating. Furthermore, our client's alcohol misuse could be effectively managed within the community.

The Court agreed with our submissions and imposed a 12-month community order. Our client was extremely relieved to be able to return home to his children.