Sterling attacker sentenced to 16 weeks for Racial Assault

I'm well aware of that, but the prosecutor could add a count of affray at court and the court could then send it up, especially in a non-DV case. Dropping a case needs permission from the CPS, adding a charge can generally be done off the prosecutor's own back. Depends on what his/her instructions were and how big his/her bollocks were, I guess. A charge should generally reflect the offending to the maximum extent allowable. There's plenty of s18s that end up as s47s, and occasionally less.
This issue is that if the charge is too ambitious & the miscreant slips the noose, under double jeopardy, he couldn't be charged again for the same offence.

Looking at the evidence presented, the CPS would have to weigh up the most severe charge that stands the best chance of securing a conviction.

The toe rag who attacked Sterling probably thinks he's scored kudos points amongst his fellow Old Toilet knuckle draggers for his high profile attack. This probably explains why he was smiling as he was being sent down for 16 weeks of which he'll probably be out in time for Valentine's Day.
 

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