F v AG

The Appellant was arrested following an allegation of domestic assault against the Complainant. He was detained in custody and brought before the Magistrate's Court on 25 th September, 2017.

There were certain elements which formed part of the alleged assault which included man-handling the Complainant, such that her arms were bruised; possibly handling sharp knives intentionally to cause her distress and fear and assaulting her by pushing her against the wall and putting his, the Appellant's, hands around her neck and strangling her.

It was clear from the outset that the Appellant accepted that there had been an altercation between himself and the Complainant but, specifically, he denied handling knives in the way suggested or putting his hands around her neck.

The Appellant, presumably in the light of the allegation relating to knives but, more significantly, in connection with the allegation relating to strangulation was presented before the Magistrate's Court on a charge of grave and criminal assault. He entered a plea of not guilty and defence counsel confirms that when doing so he expressly stated that the plea was not guilty on the basis that the grave and criminal assault allegation was that the defendant put his hands around the Complainant's neck and the strangulation which was denied.

There were a number of hearings of a procedural nature and at one shortly before the time set aside for trial, on an application for the use of screens, defence counsel made a suggestion which communicated a basis of plea to a charge of common assault which was accepted. Shortly thereafter the Appellant pleaded guilty to common assault on the basis that he had bruised the Complainant's arms.