Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

28 year old woman assault's 11 year old girl.

59 replies

NurseButtercup · 21/09/2018 05:52

This woman punched this 11 year old child, left bruises and drew blood. Pleaded guilty to assault, but yet avoids a custodial sentence and is handed a six month community order and a £120 fine plus costs of £350.

I'm really puzzled by this sentence - please could a mnetter who understands our justice system guidelines explain the rationale behind this sentence?

I've provided a link to the article that I've just read below:

www.thetimes.co.uk/article/boxer-known-as-secret-assassin-is-fined-120-for-beating-schoolgirl-11-ks3mf3qdw?shareToken=a5a48f774dc1ea5661c909a7b69749d2

OP posts:
araiwa · 21/09/2018 05:58

Shes a trained boxer? Yikes

LargeGlassOfPepsi · 21/09/2018 06:38

There was a FB post I saw that she came on and was trying to defend her actions. Personally I see no defence for an adult punching an 11 year old and the outcome was far too lenient on her.

TheBeastInMsRooneysRoom · 21/09/2018 06:39

Looks awful...but if you're looking for a possible why....

The pictures of the 11 year old victim covered in blood were released to the Times by the victims mother. It doesn't necessarily follow that were trial evidence. She has no black or bloodshot eye in that picture.

Binch states in interview: "The information she is stating is not true. I was convicted of assault by beating which can mean as much as a finger being put on somebody else. I haven’t beat her daughter, the information is incorrect. " So she was convicted of assault, but seemingly not the assault that caused the bloody injuries pictured. If she was convicted of assault for poking her in the chest, or pushing her, then a fine would be appropriate.

No insider knowledge of the case, but blood dripping down both arms and no swelling or visiable damage to facial features? I know noses bleed but she's obviously spread that all over herself.

Please don't think I'm suggesting that it's 'not that bad' to assault an 11 yr old. Just that conviction doesn't mean worst case scenario.

TheBeastInMsRooneysRoom · 21/09/2018 06:40

Did the judgement say that she punched her though? Or that she was convicted of assault. I haven't got access to it. I know the victim statement says she punched her but that doesn't necessarily follow.

ScruffbagsRUs · 21/09/2018 06:49

link here

SoupDragon · 21/09/2018 06:56

she's obviously spread that all over herself.

I don’t think the patterning looks like it’s been spread over. I do agree that there is more to the story than the two sides giveninthe article and that is what the court heard.

Original poster
NurseButtercup · 21/09/2018 06:56

I agree that the photographs are potentially inflammatory, however if this was my 11 year old daughter/niece/god-daughter I'd provide similar evidence plus something from a Dr to describe the injuries.

The part that has me baffled is this:
"Jade Binch, 28, admitted assault by beating in September last year over an attack on Kiesha Schofield, who was 11 at the time."

and

"A CPS spokesman said: “Jade Kayleigh Binch pleaded guilty to one charge of assault by beating".

Surely this is abuse by an adult against a child, shouldn't this carry a custodial sentence?

OP posts:
5bobaweek · 21/09/2018 07:00

Custodial should be a last resort. One charge, likely no previous convictions. I think it's appropriate.

Finfintytint · 21/09/2018 07:01

Common assault doesn't usually attract custodial sentences.

BoneyBackJefferson · 21/09/2018 07:05

I'm really puzzled by this sentence

You could always go to the court and ask to see them as they will contain all of the evidence and the judges reasoning.

SPOFS · 21/09/2018 07:05

There's something very odd about this story. Why isn't the victim anonymous? If they're underage, they should be.

BoneyBackJefferson · 21/09/2018 07:07

SPOFS

The court didn't release the details to the press the mother did

AllyMcBeagle · 21/09/2018 07:09

Did the judgement say that she punched her though? Or that she was convicted of assault. I haven't got access to it. I know the victim statement says she punched her but that doesn't necessarily follow.

It was only at the Magistrates rather than High Court so I think (although this is not my area of law) there won't be a lengthy judgment. My understanding is that the Magistrates will have given written reasons but I don't think those will be available online.

Strongmummy · 21/09/2018 07:10

That picture is completely fabricated 🤣🤣 . Judges aren’t stupid. If that was the photographic evidence the prosecution presented I’m sure he got the measure of them and gave out the appropriate sentence. Slightly concerned that a grown woman is arguing with an 11 year old however .....

EvilEdna1 · 21/09/2018 07:11

It's funny you should post this because when I saw that photo of all the blood yesterday, my immediate thought was that it was fake blood.

LARLARLAND · 21/09/2018 07:12

I wish people would trust the criminal justice system and ignore the rubbish that people post on social media.

Finfintytint · 21/09/2018 07:16

The blood will be real enough but it is still only common assault.

blueskiesandforests · 21/09/2018 07:16

That photo is really strange. Where has the blood come from? One of my similar age kuds is prone to heavy nose bleeds and that is not how the blood distributes! It would be smeared as the instinct is to put a hand to the nose, and her top would be messy. The streaking on her arms and face looks like a child's attemot at Halloween make up.

If an adult hit a child in the face, fracturing their nose, they should receive a custodial sentence I agree. That photo casts doubt on the story rather than confirming anything though.

Beaverhausen · 21/09/2018 07:23

I was shocked when I read it, that child had her nose broken and covered in blood, she was 11 years old.

That woman should have had a custodial sentence. Hopefully there is somebody out there and I know I should not be saying this who will give that woman the hiding of her life.

Original poster
NurseButtercup · 21/09/2018 07:34

Common assault doesn't usually attract custodial sentences

Custodial should be a last resort. One charge, likely no previous convictions. I think it's appropriate.

I very naively assumed there would be a difference if an adult assault's a child. Thank you for providing these explanation's.

OP posts:
Gwenhwyfar · 21/09/2018 07:39

"Personally I see no defence for an adult punching an 11 year old "

Self-defence? Defending someone else? I'm not saying it's OK and I know nothing about this case, but I can see how it could happen. Also many 11 year olds are adult size. Many would be stronger than e.g. a little old lady.

NicoAndTheNiners · 21/09/2018 07:45

Years ago a mum got dd’s best friend in year 6 pinned up against the wall in the playground at school. Had trapped dd and dds friend in a small alcove and neither could get out and had her hands round the other girls throat and lifted her off the floor while threatening to “smash her face in”. Police didn’t even press charges.

kaytee87 · 21/09/2018 07:50

I'd be interested to see the actual evidence submitted to court.

I don't see a fractured nose or bloodshot eye in that picture. I see what looks like possibly fake blood dripped over the child.

ReanimatedSGB · 21/09/2018 08:03

No mention made of why the adult did this? Had the kid been bullying another child, trying to mug the adult, doing something else wrong? I don't endorse, at all, physical punishment of kids, but I doubt that many adult women would just randomly hit a kid so there must have been some sort of incident.

WeirdAndPissedOff · 21/09/2018 08:08

The post re the sentencing guidelines makes sense, however even so you would think that a grown woman (boxer!) punching a child in the face and causing injury would gave attracted a stricter sentence, even with no prior convictions.

Also, if proven injuries were caused eg a broken nose and black eye - why was the charge assault by beating (which covers anything from a shove upwards) and not ABH?

I agree that the photo looks odd - I'm not sure if the blood us real or not, but the distribution of it really doesn't look quite right.
It would interesting to see the CCTV evidence here.