Too Harsh A Sentence ?

[Tubbycoates]

I had a row with my next door student neighbours about loud music. After a row, a girl (X) took a swing at me, which missed, but I punched her on the side of the face. Another girl (Y) came out of a side room to see what was going on, and then claimed I grabbed her and threw her against a wall. Girl x then started giving me loads of abuse, and after she called me an effing something I punched her again, this time on the nose. I didn't connect properly. I was charged with two counts of assault.

My brief advised me to plead guilty to punching X since I had, and not guilty to the charge against Y.

In front of magistrates, I was found not guilty against Y, but the old bill wanted the full facts to come out against X, and I was found not guilty regarding the first time I hit her, on the basis it was deemed as self defence.

Sentencing me for the second punch on X, despite this is my first offence, I was given 140 hours community service, and order to pay £200 in compensation, and £85 in costs.

Since X suffered no damage at all, isn't this extremely harsh? Cantona got 120 hours for the assault on a fan (remember?).

Have I any right of appeal against the severity of the sentence.

Thanks all in advance.

[Cloverjo]

I don't think it's extremely harsh. You punched a woman twice, when she had not touched you.

[Prudie]

I don't think it's harsh no. You punched a woman, you got off lightly.
Sorry I don't know about right of appeal, I expect you will have though.

[DaisyNonna]

You could have walked away.
She did not hit you, you hit her twice.

[ummmm]

I think it's harsh. Tubby was attacked first and then is faced with two against one.

It's all good and well saying she should have walked away but that just risks being attacked from behind.

[beso]

No it isn't harsh. You got off lightly.

Think yourself lucky that you didn't connect properly. The intent counts towards the severity.

Moreover, had you done real damage you could have found yourself in jail. Indeed, people have died from a single punch.

Take it as a lesson in learning to control your anger.

[Tubbycoates]

I'm not arguing about the rights-and-wrongs. She attempted to hit me first.
Isn't 140 hours very harsh?

[jourdain2]

You don't punch someone who hasn't punched you, simple as that. I vaguely remember that Cantona was a footballer;120/140 hours is about in the same range. You are lucky that you 'didn't connect properly' to be honest. Just accept it and live and learn. Then put it behind you.

[Prudie]

it'a about a month of full-time work. Do you know what you're going to be doing?

[Buenchico]

The magistrates appear to have classed it as a Category 2 offence, rather than Category 3. See pages 213 to 216 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf

You can appeal a sentence from the Magistrates Court but the Crown Court wouldn't normally overturn a decision if the sentence was simply at the upper end of the correct range of sentences available. You'd need to show that the sentence was grossly disproportionate, probably by showing that the magistrates should have used the Category 3 sentencing range, rather than Category 2:
https://www.gov.uk/appeal-against-sentence-conviction/magistrates-court-verdict

[ummmm]

I still think it's harsh. It sounds like a handbags at dawn sort of fight rather than a brawl.

[woofgang]

If an appeal is made against a sentence, am i right in thinking that the sentence can also be adjusted up as well as down?

[Tubbycoates]

Don't know what I'll be doing, but it works out about 3 hours a week for a year.

[ummmm]

Usually it's something mundane like removing graffiti or litter picking.

[Tilly2]

That's ok then. Easily done.

[BlackadderV]

Woofgang is correct. That's the risk you take when appealing against sentence. Some people will bitterly regret having done so.

[Buenchico]

>>>am i right in thinking that the sentence can also be adjusted up as well as down?

No. A sentence can't be adjusted upwards unless (within 56 days of sentencing) the Court recognises a clear sentencing error (such as passing a non-custodial sentence when only a custodial one was permitted by law) - and that only applies to a Crown Court, not a Magistrate's Court, anyway - or the Attorney General agrees to review a sentence after a representation from any member of the public (but that only applies to decisions relating to certain specified offences dealt with in Crown Courts).

[marje]

When I worked for the Probation Service Community hours were longer than 3 hours a week, so it doesn't need to take a year to complete. Also if you wanted you could ask for extra days if you are in a position to do that.

There were many different types of work including cooking, painting etc. if you turn up when you're supposed to, follow the rules and don't cause problems you'll do fine.

Good luck with it.