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DUFRENE, Josue

Case Reference: 42MR2039426

Case Details

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Reference

42MR2039426

Court

Colchester

Magistrate

Before: Mrs Atherton JP , Ms Hannah , Ms Hannah , Mr Kirby JP , Mr McKay JP

Hearing Date

18 May 2026

Time

11:00am

Hearing Type

Mention

Court Type

magistrates

Prosecutor

N/A

Case Details

Offence Details: Assault by beating. Obstruct / resist a constable in execution of duty. Assault by beating. Criminal damage to property - value under £5000.

Next Steps at this Mention / Case Management / Directions

A mention hearing is scheduled to deal with administrative or legal issues that arise before a trial. This includes discussing outstanding evidence, resolve disclosure disputes, review witness availability, or address bail conditions. The defendant may or may not need to attend, depending on court directions.

Court Jurisdiction: Magistrates' Court - Magistrates' Courts handle virtually all summary offences (minor offences) and start the proceedings for serious offences. They are presided over by three volunteer Magistrates (advised by a legal advisor) or a single qualified District Judge. They do not have a jury.

UK Offence & Sentencing Guidelines

Common Assault / Battery

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Sentencing: Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.
Disclaimer: The legal definitions and sentencing guidelines above are for general educational purposes under English Law and do not constitute formal legal representation or advice. If you are facing criminal prosecution, consult a qualified criminal defense solicitor immediately.

Case FAQs & Procedure Guide

Mention hearings are used to keep the case on track. They ensure both the prosecution and defense are complying with court timetables, preventing unnecessary delays on the trial day.

In some instances, if the defendant is represented by a solicitor or barrister, the court may excuse their personal attendance for purely administrative mention hearings. You must confirm this with your legal representative.

For a single summary/either-way offence, magistrates can sentence a defendant to a maximum of 6 months in prison (or up to 12 months for multiple either-way offences), alongside unlimited fines and community orders.

Magistrates are trained volunteers from the local community who sit in panels of three. A District Judge is a qualified legal professional who sits alone. Both have the same sentencing powers.

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.

Interested in the outcome of this case? You can request more information by emailing the court directly using the Email Court button at the top of the page.