Quizzes & Puzzles1 min ago
Help with a section 47/ABH possible sentence
Hi, I need some advice on the possible outcome of a crown court hearing regarding an incident in which I have been accused of kicking someone in the face, causing a fracture to the nose and cranium resulting in surgery, somebody else involved has already admitted to performing the kick yet the victim is set on blaming me, now its been to the CPS and everyone else involved in this incident has been charged yet I have been re-bailed, I believe the police officer mentioned section47 or ABH. Now I have no previous convictions and I am a Sergeant in the armed forces and have a family and was wondering what i could be looking at as my solicitor cant give me a straight answer as they charge by the hour (lol) please could someone help me on this matter.
Answers
Hi Richie
Do you have your bail sheet, if so, the offence classificati on will be stated on there. Sec 47 assault is ABH but fractures to cranium are consistant with Sec 20 assault (more serious).
Also, what reason did the Custody Sgt give for re-bailing you?
Ta
Do you have your bail sheet, if so, the offence classificati
Also, what reason did the Custody Sgt give for re-bailing you?
Ta
17:37 Thu 20th Oct 2011
For 'Section 47 ('ABH') sentencing read page 12, et seq, here:
http://sentencingcoun...ine_-_Crown_Court.pdf
That's the actual document which judges must adhere to unless there are very exceptional circumstances. (Note: The sentences shown there refer to a first-time offender convicted after a trial. Sentencing can be reduced for an early guilty plea; in the case of custodial sentences that's usually by one third).
However, if you've not yet been charged you need to read this document (which the Crown Prosecution Service uses to assess the appropriate charge):
http://www.cps.gov.uk...s_against_the_person/
Compare the contents of paragraph 46 ('ABH') with those of paragraph 55 ('GBH'). Then look at paragraph 65, which shows the factors which can push 'GBH' up to 'GBH with intent'.
As I read it, there is a strong possibility that you'll be charged under 'Section 18' (GBH with intent). That's an extremely serious charge, which (if proved) would be likely to result in a lengthy custodial sentence. (For the sentences which apply to 'GBH' and 'GBH with intent', refer to the relevant paragraphs in my first link).
Chris
http://sentencingcoun...ine_-_Crown_Court.pdf
That's the actual document which judges must adhere to unless there are very exceptional circumstances. (Note: The sentences shown there refer to a first-time offender convicted after a trial. Sentencing can be reduced for an early guilty plea; in the case of custodial sentences that's usually by one third).
However, if you've not yet been charged you need to read this document (which the Crown Prosecution Service uses to assess the appropriate charge):
http://www.cps.gov.uk...s_against_the_person/
Compare the contents of paragraph 46 ('ABH') with those of paragraph 55 ('GBH'). Then look at paragraph 65, which shows the factors which can push 'GBH' up to 'GBH with intent'.
As I read it, there is a strong possibility that you'll be charged under 'Section 18' (GBH with intent). That's an extremely serious charge, which (if proved) would be likely to result in a lengthy custodial sentence. (For the sentences which apply to 'GBH' and 'GBH with intent', refer to the relevant paragraphs in my first link).
Chris
That doesn't tell us much. The 'Section 37' referred to doesn't relate to the actual offence (unless it's "assault on any person authorized to preserve any shipwrecked vessel or goods", which would seem to be rather unlikely - that's the only 'Section 37' assault charge!).
Instead 'Section 37' (and more specifically 'Section 37(7)') simply refers to the section of the Police and Criminal Evidence Act 1984, which allows the Custody Officer to decide whether you can be released on bail, or whether you should be kept in detention.
Doesn't the bail sheet also refer to the (alleged) offence for which you've been bailed?
Chris
Instead 'Section 37' (and more specifically 'Section 37(7)') simply refers to the section of the Police and Criminal Evidence Act 1984, which allows the Custody Officer to decide whether you can be released on bail, or whether you should be kept in detention.
Doesn't the bail sheet also refer to the (alleged) offence for which you've been bailed?
Chris
will being a serving soldier for the last 16 yrs help and having no previous help me, if they find me guilty. and what evidence do they need and would their statements be classed as evidence.
and thanks to you all and hope i will have more info tomorrow and Chris i will ask the officer tomorrow to tell me what the charge is.
and thanks to you all and hope i will have more info tomorrow and Chris i will ask the officer tomorrow to tell me what the charge is.
Hi there Chris and exdc,
back from the line up and the solicitor said it will be a recognition rather than an identity as they are neighbours but also it is definatley section 47, and we appear back for bail on the 8th Nov to be re-bailed to appear in magistrate court then see if we want it to go to crown i think!
back from the line up and the solicitor said it will be a recognition rather than an identity as they are neighbours but also it is definatley section 47, and we appear back for bail on the 8th Nov to be re-bailed to appear in magistrate court then see if we want it to go to crown i think!
Hi Richie
Sorry for the delay in replying to you. (Ok, the ID procedure is mandatory at the investigation stage if there is any dispute in identification, even if the person is known to the witness).
Can you confirm whether the victim (witnesses) made a positive identification claiming you were one of, or the actual person who unlawfully assaulted him/her and did the police re-interview you?.
thanks
Sorry for the delay in replying to you. (Ok, the ID procedure is mandatory at the investigation stage if there is any dispute in identification, even if the person is known to the witness).
Can you confirm whether the victim (witnesses) made a positive identification claiming you were one of, or the actual person who unlawfully assaulted him/her and did the police re-interview you?.
thanks
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