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ASHRAF, Afaq

Case Reference: 10U00184225

Case Details

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Reference

10U00184225

Court

Newcastle upon Tyne Crown Court and Magistrates' Court - Courtroom 15

Magistrate

Mrs Gani JP , Miss Marek JP , Mrs McCann JP , Mr Ryan JP , Dr Sankar JP

Hearing Date

22 July 2026

Time

10am

Hearing Type

First hearing

Court Type

Magistrates

Prosecutor

CPS-NEN

Case Details

Offence Details: | Assault by beating Intentional suffocation Assault a person thereby occasioning them actual bodily harm

Next Steps at this First Hearing / First Appearance

At the first hearing (usually in the Magistrates' Court), the charges are formally read. The defendant is asked to enter a plea. If pleading guilty, sentencing can sometimes happen immediately or be adjourned. If pleading not guilty, the court will make directions to manage the case or transfer it to the Crown Court for trial.

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.
Actual Bodily Harm (ABH)

ABH (Section 47 of the Offences Against the Person Act 1861) involves an assault that causes some hurt or injury to the victim (e.g., bruising, cuts, minor fractures) that is more than transient or trifling.

Sentencing: Triable either way. In the Magistrates' Court, the maximum is 6 months custody. In the Crown Court, it carries a maximum of 5 years imprisonment.
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

Yes, it is highly recommended. Legal representation ensures your rights are protected, especially when entering a plea or applying for bail. A duty solicitor is usually available at court for eligible defendants.

Pleading guilty at the earliest opportunity typically entitles you to a sentence reduction (up to one-third off the penalty). The court may sentence you immediately or adjourn to obtain a pre-sentence report.

The case will be adjourned, and a trial date will be set. The court will determine issues such as bail, witness requirements, and evidence submission deadlines.

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.

ABH (Section 47 of the Offences Against the Person Act 1861) involves an assault that causes some hurt or injury to the victim (e.g., bruising, cuts, minor fractures) that is more than transient or trifling.

Triable either way. In the Magistrates' Court, the maximum is 6 months custody. In the Crown Court, it carries a maximum of 5 years imprisonment.

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.

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