Crosswords3 mins ago
Criminal Damage First Offence
5 Answers
I was treated very badly by a manager for a voluntary job I did and loved for several years until a change of junior management. I made a formal complaint but it didn't get me anywhere I found out he has been promoted. I phoned a friend and I am sure it was tongue in cheek he said what is to stop you putting a brick in the window in the middle of the night. I told him because I dont want to go to prison they are not worth it. He agreed with me but said joking aside as I'm in my early 50s with a clean record he says it is more likely I would get fined or community service. I am not so sure. I have absolutely no intention of doing it whatsoever I hasten to add and I told my friend if I ever had to go to jail or hospital he would have to look after my cat and she hates him, that shut him up !! But just wondering out of interest legally is he right about a non custodial for my age and clean record, which I am very keen to maintain
Answers
1 to 5 of 5
Best Answer
No best answer has yet been selected by gordiescotland1. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
just dont do it OK
dont even think....
just not worf it as they will know who dunnit
even if you are not convicted
Honestly troo - - - Miss X passed froo our works and went onto another job which we were glad about because it seemed the po' thing was being rung up and harassed by other workers. This was new. Miss X made sure everyone knew as Mr Know All ( me) was asked about heavy breathing. Denials everywhere but had a disruptive effect
A friend visited another factory and saw Miss X at her new job and who was settling in well. The frien' said to the mgr - oh Miss X ! and the mgr said: "yeah good worker. Very odd you know, she has been plagued by phone calls from other workers, heavy breathing....."
Did you say anything.... No I thought they would have to work it out thenselves....
no bricks, honestly no bricks - you are being wound up intentionally by the 'friend'
dont even think....
just not worf it as they will know who dunnit
even if you are not convicted
Honestly troo - - - Miss X passed froo our works and went onto another job which we were glad about because it seemed the po' thing was being rung up and harassed by other workers. This was new. Miss X made sure everyone knew as Mr Know All ( me) was asked about heavy breathing. Denials everywhere but had a disruptive effect
A friend visited another factory and saw Miss X at her new job and who was settling in well. The frien' said to the mgr - oh Miss X ! and the mgr said: "yeah good worker. Very odd you know, she has been plagued by phone calls from other workers, heavy breathing....."
Did you say anything.... No I thought they would have to work it out thenselves....
no bricks, honestly no bricks - you are being wound up intentionally by the 'friend'
>>> The maximum sentence for criminal damage is three months in custody
That's a bot of an over-simplification. The maximum sentence for criminal damage (contrary to s.1(1) Criminal Damage Act 1971) is nominally ten year's imprisonment. (i.e. that's the maximum penalty provided for within the actual legislation). However the maximum penalty actually available to the courts is one of 4 years imprisonment but only where the damage is valued at more than £5,000. It's only when the value of the damage is assessed at no more than £5,000 that the maximum penalty is limited to 3 months of custody. So don't go smashing any very expensive windows!
(There might not be many buildings with windows costing more than £5,000 to replace but I certainly know of at least one).
Courts aren't meant to take the age of an offender into account when determining the sentence for an offence (other than in the case of youth offenders). So, whether you're in your early 50s, your early 20s or your early 90s should make no difference.
For breaking a small window, the 'starting point' sentence is a Band B fine, with magistrates then looking at whether to move that sentence down to as low as a conditional discharge or as high as a Band C fine.
For breaking a large plate-glass or shop window, the starting point is a low level community order, with magistrates allowed to drop that to a Band C fine or raise it to a high level community order.
(A 'Band B' fine is between 75% and 125% of 'relevant weekly income'. A 'Band C' fine is 125% and 175% of such income. Community orders typically refer to periods of unpaid work).
When deciding whether to move a sentence up or down from its 'starting point', magistrates have to take into account the 'level of culpability' involved in the offence. 'Provocation' (which might be relevant in your theoretical case) can push a sentence downwards but a 'revenge attack' (which might also be seen as relevant) can push it upwards. Magistrates also have some discretion to reduce a sentence for a guilty plea.
That's a bot of an over-simplification. The maximum sentence for criminal damage (contrary to s.1(1) Criminal Damage Act 1971) is nominally ten year's imprisonment. (i.e. that's the maximum penalty provided for within the actual legislation). However the maximum penalty actually available to the courts is one of 4 years imprisonment but only where the damage is valued at more than £5,000. It's only when the value of the damage is assessed at no more than £5,000 that the maximum penalty is limited to 3 months of custody. So don't go smashing any very expensive windows!
(There might not be many buildings with windows costing more than £5,000 to replace but I certainly know of at least one).
Courts aren't meant to take the age of an offender into account when determining the sentence for an offence (other than in the case of youth offenders). So, whether you're in your early 50s, your early 20s or your early 90s should make no difference.
For breaking a small window, the 'starting point' sentence is a Band B fine, with magistrates then looking at whether to move that sentence down to as low as a conditional discharge or as high as a Band C fine.
For breaking a large plate-glass or shop window, the starting point is a low level community order, with magistrates allowed to drop that to a Band C fine or raise it to a high level community order.
(A 'Band B' fine is between 75% and 125% of 'relevant weekly income'. A 'Band C' fine is 125% and 175% of such income. Community orders typically refer to periods of unpaid work).
When deciding whether to move a sentence up or down from its 'starting point', magistrates have to take into account the 'level of culpability' involved in the offence. 'Provocation' (which might be relevant in your theoretical case) can push a sentence downwards but a 'revenge attack' (which might also be seen as relevant) can push it upwards. Magistrates also have some discretion to reduce a sentence for a guilty plea.
1 to 5 of 5
