Abh Category Query

[Overlocker]

Hello, first time post, but I have been reading a lot of posts looking for answers.

I will try to be brief, but include all the facts.

On a night out, I was tripped over from behind by one of the people in the group I was out with. I got up and punched him once in the face. I had no recollection of the incident itself due to being drunk.

A month or so later I attending a voluntary interview at the police station. I couldn't answer many of the questions about the incident, as I genuinely couldn't remember. However, the witness statements confirmed what I explained above and I conceded that it must have happened as described. The police suggested that restorative justice and a conditional caution may be considered, so my solicitor advised me to accept responsibility.

The injuries sustained were a loosened tooth (which it now seems will have to be removed and replaced with an implant) and a puncture wound where the teeth have gone through the lip which required stitches.

I appear at magistrates court this week, charged with ABH.

The prosecution papers have been received and contain summary statements and a victim impact statement.

It is my intention to plead guilty at the hearing.

I have read the sentencing guidelines and have done a great deal of research on this and thought that I would be looking at a category 2 offence at worse. However, I am concerned with something my solicitor mentioned when discussing this. He thinks the magistrates might see this as category 1 based on the degree of harm, irrespective of culpability. Is this something that can happen?

My reasoning for category 2 is as follows:-

Greater Harm (accepted) - Based on injury (no other relevant factors)
Lower Harm - N/A
Higher culpability - No relevant aggravating factors
Lower Culpability - A greater degree of provocation than normally expected/Lack of premeditation

Am I right in thinking that this should be seen as a category 2 offence?

Many thanks for any help.

[New Judge]

“I appear at magistrates court this week, charged with ABH.”

What happened to the proposed restorative justice/conditional caution disposal?

For the offence to been seen as Cat 1, as you have realised there must be both “Greater Harm” and “Higher Culpability” present.

From your brief description I would tend to agree with your assessment. However, it is always difficult to second guess what a court, armed with all the details, would conclude. I always warn against this on here. In any case, there’s little you can do about it. If the Magistrates do believe it is Cat 1 they will not sentence you but will send you to the Crown Court for sentencing (the “starting point” is 18 months custody and the range is one to three years. Magistrates have powers only up to six months). You need to be aware (if you are not already) that even at Cat 2 the “Starting Point” is 26 weeks custody with a range of a community order up to 51 weeks. The court (whether Magistrates’ or Crown) will almost certainly order a pre-sentence report and the probation service will interview you and report their findings to the court to assist with sentencing.

[Overlocker]

Thank you for the response New Judge.

I never heard anything further about the RJ/Conditional Caution. It was something my solicitor mentioned after the initial disclosure meeting at the police station. It was said that the custody sergeant wasn't happy to follow that course because they didn't know whether the tooth would heal or need to be removed at a later date.

I presume my solicitor will be able to argue the case for cat 2, if cat 1 is considered? Is that something that happens, or does the bench just make its decision with no discussion?

[New Judge]

The prosecution will make their observations (on the Category) to the Bench. Your solicitor will then have the opportunity to make his (or hers). The Magistrates (or District Judge) will then make their decision.

[Peter Pedant]

oh dear
good luck

so many of these sorry posts begin: I was out drinking with my mates and someone ......