Second Charged Ov Abh Whilst On Community Order For Abh Will He Be Remanded?

[charlytizzy]

Ex partner was done for abh on myself and recieved a 2 yr community order in march. He had attacked me in dec 2013
He has just beaten another girl black and blue, another abh charge. Will he be remanded?
He was kept in magistrate for my abh so avoided prison on basis of no contact restraining order plus 2 yr community order, rubbish i know.
What is likely hood of his court appearence? I warned court after mine he would be back again and 4 months later this girl was left black and blue

[ummmm]

Someone will be in with the 'guidelines' to what he should be sentenced to.

In my experience it doesn't work like that. It's pot luck...

[Orderlimit]

Remand would certainly be considered charly. Do you know whether he was released from the police station?.

[New Judge]

What experience are we talking about here, ummm? Magistrates (and judges) are bound to follow the sentencing guidelines or have very sound reasons for departing from them (which they must announce in open court). This reduces the element of "pot luck" considerably.

The sentence for any particular offence is largely dependent upon the circumstances and details of that offence and we do not have much detail. If the offence was of the same level of seriousness as before then custody would be a serious consideration, bearing in mind that the Community Order to which he was sentenced is a little over a quarter served.

If this latest assault was committed in a domestic setting I would think it highly likely that he was refused bail by the police. Whether he will be remanded in custody by the court depends on whether the court has sufficient evidence to believe he will either commit further offences or interfere with witnesses (most notably the alleged victim) if released. From what you say I would think the court will not take too much convincing.

[ummmm]

Loads of experience.

A paedophile not taken to court because he said he was leaving the country. A man being beaten and left with 6 broken bones in his face and the attacker gets off with community service. Two men involved it the same 'crime' the big black guy gets 2 years and the white guy gets community service (separate trials)....I could go on.

Waste your time posting guidelines. You're not even a judge...

[Orderlimit]

Sentencing is not inconsistant because of pot luck, its more about how damn confusing sentencing has become over the last decade with millions of options / considerations available to the courts. And of course, every case / defendant is different.

[New Judge]

Yes quite so, OL. The guidelines have become more prescriptive over the past five to ten years or so but, as somewhat of a contradiction, have become more fragmented and detailed.

A paedophile not taken to court is nothing to do with inconsistency in the sentencing guidelines, ummm. Whether a case is taken to court is a matter for the CPS who act under their two part test. Your description of the case with broken face bones is not much help without the rest of the details (which you possibly don't have) but if the charge was ABH, even a "Category 2" offence does not guarantee a custodial sentence. Similarly you have not given details of the respective parts that the "big black guy" (who got 2 years) and the "white guy" (who got community service) played in the same incident. Nor, of course did you provide details of their criminal history (a very important consideration). (Please don't bother to do so because such exercises are a waste of time).

If you study the sentencing guidelines (which I know you see as a waste of time but, rather tiresomely is the basis upon which all sentencing is undertaken) you will see that it is not as straightforward an exercise as you would like to believe.

Anyway, I'd rather not get involved in a slagging match. I've answered charlytizzy's question as best as I can.

[ummmm]

The paedophile was questioned and no further action was taken. I was one of 4 victims that we knew about. He was allowed to leave the country....problem gone.

The man with the broken bones was my dad. The man who did it has a record as long as your arm.

The black guy/white guy is my cousin and his mate. They got into a big brawl. A warrant was issued for their arrest. Black guy got arrested first and sentenced to two years. White guy, my cousin, got arrested 15 months later and got community service. They had both been arrested before but had no convictions. Same charge, same crime...different sentence.

[charlytizzy]

Basically she was his new girlfriend of 2 months. He punched kicked and basically beat her black and blue. Kept by police. Plead not guilty in mags and now ajurned untill crown for trial unless has change of plea.

The police said serious charge of ABH also.

Likely outcome could be anything im guessing as the courts baffle me

Thankyou to all replies xx

[Orderlimit]

Thanks for the up date, charly.