we recently represented a client at court charged with offence of assault police officer. He pleaded guilty on basis of assaulting the officer whilst lashing out during his arrest. This basis of plea not accepted by prosecution who maintained client deliberately punched the officer.

When a person pleads guilty to an offence the court must sentence on the defendants version of events unless it so different from the prosecution that it would material effect sentence.

In this case the court said if the defendant was proved to have deliberately punched the police a term of imprisonment would be imposed ,but not if it was a case of recklessly lashing out.

During the contested hearing on this issue our solicitor in questioning the officer persuaded the court that this was not a deliberate punch case. Client thereby avoided an immediate term of imprisonment.