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Chances of a non-custodial...how long sentence
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I have been charged with section 18 GBH. I went to crown and have pleaded guilty to section 20 after the cps offered it to my barrister. I am now waiting for prohbation and then sentencing.
Basically i made a 50/50 tackle playing football where the other play received a bad injury. Then received alot of verbal abuse and provocation from the opposing players. i felt threatened and had my son pitchside. the ref showed a red card due to the injuries but understood i hadnt meant to hurt the player. i left the pitch to collect my son and pick up keys when an opposing substitute started shouting that i meant to do it. so leaving my son behind in which was already a very hostile atmosphere i confronted him. He then started to shout more abuse like "you fat Lady Veg you meant to do that." The overall time was around 20 secs arguing in that time the victim had lay on the floor. As i went to walk away he then shouted more abuse so i turned round and kicked him in the face. I obviously lost my cool and immediatley felt remorse.
I have no previous. The victim suffered a broken eye socket and compressed cheekbone and had corrective surgery.
I have read through peoples statements most his friends saying it was a sickening attack... i feel so sorry for the victim. I never had chance to tell my side other than first interview and i am not the person they are portraying me to be.
I never intended for this to happen. I have admitted section 20, never denied anything to police. I was guuted to get charged with an 18. i am 25 married with two kids, have plumbing business and got glowing character refs.
What are my sentencing chances. Police said i am 50/50 for a non custodial and solicitor just under that. I keep hearing they have never witnissed a case like it
Basically i made a 50/50 tackle playing football where the other play received a bad injury. Then received alot of verbal abuse and provocation from the opposing players. i felt threatened and had my son pitchside. the ref showed a red card due to the injuries but understood i hadnt meant to hurt the player. i left the pitch to collect my son and pick up keys when an opposing substitute started shouting that i meant to do it. so leaving my son behind in which was already a very hostile atmosphere i confronted him. He then started to shout more abuse like "you fat Lady Veg you meant to do that." The overall time was around 20 secs arguing in that time the victim had lay on the floor. As i went to walk away he then shouted more abuse so i turned round and kicked him in the face. I obviously lost my cool and immediatley felt remorse.
I have no previous. The victim suffered a broken eye socket and compressed cheekbone and had corrective surgery.
I have read through peoples statements most his friends saying it was a sickening attack... i feel so sorry for the victim. I never had chance to tell my side other than first interview and i am not the person they are portraying me to be.
I never intended for this to happen. I have admitted section 20, never denied anything to police. I was guuted to get charged with an 18. i am 25 married with two kids, have plumbing business and got glowing character refs.
What are my sentencing chances. Police said i am 50/50 for a non custodial and solicitor just under that. I keep hearing they have never witnissed a case like it
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Hi plumberbath
Have a look at the attached sentencing guidelines, Sec 20 assault starts on page 7.
http://sentencingcoun...ine_-_Crown_Court.pdf
Have a look at the attached sentencing guidelines, Sec 20 assault starts on page 7.
http://sentencingcoun...ine_-_Crown_Court.pdf
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hi, i presume you are paying your solicitor to advise you, so why would what a bunch of random strangers on a website think give you confidence?
if you have plead guilty, then you wont have a chance to put your side because you are accepting their side.
on another note, i'm not wholly surprised the friends have described it as a sickening attack. It was (and this is by your own account)
if you have plead guilty, then you wont have a chance to put your side because you are accepting their side.
on another note, i'm not wholly surprised the friends have described it as a sickening attack. It was (and this is by your own account)
The actual document that judges must refer to is here:
http://sentencingcoun...ine_-_Crown_Court.pdf
See pages 8 to 10.
As your offence would seem to fall within 'higher culpability' (because of the kick to your victim's head) but 'lower harm' (because the injuries weren't life-threatening or the cause of severe permanent disability or disfigurement) it's likely that the judge would see it as a 'Category 2' offence. That means that it passes the 'custody threshold' test, with a sentence of around 12 months imprisonment being likely. (Based upon 18 months less a third because of your guilty plea).
However it's less likely that the circumstances push the sentence beyond the point at which it can be suspended. So a 12 month sentence, suspended for two years, with a Community Order and an order to pay compensation to the victim would seem to be the most likely outcome to me.
Even so, it would still be wise to pack a bag when you attend court for sentencing. (A practical point here: Keep the bag with you or, if you're not permitted to, hand it to a court official or security officer. If you give it to your barrister or a family member, they won't be able to get it to you if the worst happens and you're 'sent down').
Chris
http://sentencingcoun...ine_-_Crown_Court.pdf
See pages 8 to 10.
As your offence would seem to fall within 'higher culpability' (because of the kick to your victim's head) but 'lower harm' (because the injuries weren't life-threatening or the cause of severe permanent disability or disfigurement) it's likely that the judge would see it as a 'Category 2' offence. That means that it passes the 'custody threshold' test, with a sentence of around 12 months imprisonment being likely. (Based upon 18 months less a third because of your guilty plea).
However it's less likely that the circumstances push the sentence beyond the point at which it can be suspended. So a 12 month sentence, suspended for two years, with a Community Order and an order to pay compensation to the victim would seem to be the most likely outcome to me.
Even so, it would still be wise to pack a bag when you attend court for sentencing. (A practical point here: Keep the bag with you or, if you're not permitted to, hand it to a court official or security officer. If you give it to your barrister or a family member, they won't be able to get it to you if the worst happens and you're 'sent down').
Chris
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Eddie:
I've helped people pack bags under such circumstances and I can assure you that they've been allowed to take such items into prison.
Further I've worked (albeit briefly) within prison education (at Wellingborough) and spoken to prisoners about their experiences. (I've also known quite a few people who've been 'inside'). Prisons vary greatly in the rules that they enforce. For example at Chelmsford all convicted prisoners must wear prison uniform but at Wellingborough they're free to wear their own clothes (subject to having a sufficient quantity available - prisoners can't have some prison clothing and some of their own; it's one or the other). Further, the razor exchange system operates in Chelmsford prison but not in Wellingborough.
I've helped people pack bags under such circumstances and I can assure you that they've been allowed to take such items into prison.
Further I've worked (albeit briefly) within prison education (at Wellingborough) and spoken to prisoners about their experiences. (I've also known quite a few people who've been 'inside'). Prisons vary greatly in the rules that they enforce. For example at Chelmsford all convicted prisoners must wear prison uniform but at Wellingborough they're free to wear their own clothes (subject to having a sufficient quantity available - prisoners can't have some prison clothing and some of their own; it's one or the other). Further, the razor exchange system operates in Chelmsford prison but not in Wellingborough.
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