Likelihood Of Prison Sentence?

[GcMac]

Person A is in a nightclub, his wife is being sick around corner

Person B & C approach Person A's wife seemingly on CCTV to be avoiding being seen by person A (or atleast not trying to make person A aware of wifes situation despite admitting knowing person A was with her)

 

Person A notices person B & C around wife, but can't remember why this made him loose temper. Person A can be seen pushing both person B&C  away. 

 

Person B whilst backing away from person A is punched 1 time, this causes a fractured cheek and eye socket. Person A leaves club unaware of seriousness.

Person A when realizing he is wanted by police immediately hands self in, has good standing,no relevant criminal record, own business, 2 children and cares for disabled wife.

 

Person A is very worried about going to prison & hasnt heard anything in over 6 month since interview admitting responsibility ...any advice?

[bednobs]

As you haven't yet been charged with anything the chance of prison is zero at the moment

[Buenchico]

Probably . . .

'Culpability' = C

'Harm' = 3

That would mean a 'starting point' sentence of 26 week's custody (which would be reduced to around 18 week's custody for an early guilty plea), with a sentencing range available to the judge of between a 'medium level' community order and one year's imprisonment (reduced to 8 months for an early guilty plea).

https://www.sentencingcouncil.org.uk/offences/crown-court/item/inflicting-grievous-bodily-harm-unlawful-wounding-racially-or-religiously-aggravated-gbh-unlawful-wounding/

However . . .
(a) sentences not exceeding two year's imprisonment can be suspended ; and
(b) the current policy is for courts to avoid using short prison sentences wherever possible, as they've been proven to be ineffective in preventing reoffending and because we're rapidly running out of prison places.

With those factors in mind, I think that it's extremely unlikely that a custodial sentence will be imposed and, even if it is, any such sentence would be suspended anyway.

[Peter Pedant]

wait and see

then - you dont need us - you need a lawyer! ( if charged)

fractured eye socket ( blow  out gracture of the orbit) is a serious med injury - My brudda had one ( recently) and did  not need an operation, but I still wd not say that was trivial

[Auntypoll]

Have you been charged? Are you bailed?

[GcMac]

Neither, had an interview, accepted full responsibility, officer said I was free to go and they'd pass on to cps but that I probably won't hear anything for a while... it's been over 6 months

[jno]

it would certainly help to know why A started hitting out (self-defence, for instance?). Can his wife not remember anything?

[GcMac]

Yes, she had hand on wall bent over (sick) 1 stood behind and other to side, can't say 100% but she thought they were making rude gestures, not getting into that as I pushed them away and they got the message but kept talking back and i was allready blacked out rage at this point, no excuse, I was very drunk and the 1 punch was a serious one hence broken eye socket and cheekbone (police said nearly lost eye)

 

Is it normal to take this long to hear anything?

[Auntypoll]

Were you arrested -did they read you your rights before the interview? If you were arrested then told you were free to go you have to be ' un arrested' or given unconditional bail. The cps will only get involved if you have been charged with something. Why not contact the police station where this took place ?

[GcMac]

Cant really remember as it was abit of a shock, I had a duty solicitor and he said pretty much same as top answer but the more time goes by the more questions I seem to come up with just wanted a second opinion I guess thanks.

[Peter Pedant]

what I DO think you should do, whether or not things happen is an anger mgt course. - which I think is a good course of sction no matter what