abh

[jimbeglin]

A friend recently committed an ABH crime on their partner,well I say recently but it was July 8th. They are to be sentenced soon.

There are three independent witnesses, who saw the end of it and saw kicking, but it isn't sure where the victim was kicked. He was kicked couple of times.

Injuries are minor bruising and swelling, it's a Section 47 by the kicking on the floor not because of the injuries.

They have no previous and are extremely worried they're going to jail. Especially since they finished college shortly after the incident and did really well in their exams etc. They acted out of character.

What do you reckon will happen?

[JudgeJ]

Assault occasioning ABH is an �either-way� offence which can be dealt with either by magistrates or at the Crown Court by judge and jury. I assume from the timescales that (a) your friend has pleaded guilty and (b) it is being dealt with by magistrates. I also assume the offender is over 18.

If a guilty plea has been entered the number of witnesses and their evidence are not relevant. The bench will hear the prosecution�s version of events which they will accept as true. Your friend (or his solicitor) will be able to offer mitigation to explain why the offence took place, but that is all. The witnesses will not be called.

Magistrates� sentencing guidelines provide a starting point of imprisonment for this offence. The magistrates will be looking at factors which make then offence more or less serious. Among the aggravating features is the fact that it took place between partners (and as such is an abuse of trust) and that kicking took place. However, they will also take account of your friend�s previous good character and (hopefully) remorse.

Together with a timely guilty plea this should be enough to persuade the Bench to reduce the sentence to a community penalty � probably a spell of unpaid work. If the probation report shows there are underlying problems which caused the offence they may also order a period of supervision which may include specific programmes such as anger management.

[jimbeglin]

It happened on July 8th, it got committed to Crown Court.

[seatrout]

If the case has gone to the Crown Court presumably the Magistrates felt that their powers of sentence - 6 months imprisonment - were insufficient

This may not be as bad as it sounds - Judges have a better appreciation of the affect of imprisonment, particularly for an offender who is facing a first sentence. It really depends on the seriousness of the assault - minor bruising and swelling is not minor when you are the victim

In view of the decision to send the case to the Crown Court custody is clearly a distinct possibilty

[jimbeglin]

Could the sentence be suspended on the grounds of previous good character, employment and good prospects for rehabiliation though? I'm worried he'll go jail, he's a really good guy too.

[seatrout]

Judges are aware of the impact of sending people to prison particularly first timers - he has to weigh up his public duty , deterring others, punishment being commensurate with the gravity of the offence etc.
The Judge will determine firstly whether custody is appropriate and secondly if it is whether there are grounds for suspending that sentence.

I'm sure your friends barrister will have adequate experience of mitigating in the Crown Court on your friends behalf!

[shazzzz]

you talk about your friend and he is a really good guy,but what about the victim on the floor getting the kicking .i would think if it has gone to crown it is more serious than you say or your mate is telling you,the victim will have to stand in the dock and relive that evening in front of a court full of strangers and belive me that evening it happend will always stay with him for years.you want to be carefull you dont end up on the end of this mans boot yourself.it may sound harsh but watch yourself

[jimbeglin]

The victim has written a letter asking for proceedings to be dropped or punishment to be lenient. There was a lot of emotions that led up to the attack. witnesses and victim won't be called in.

[shazzzz]

i doubt your friend will get the case dropped. it costs thousands to go to crown court .he maybe lucky but he will proberbly end up with all the court costs and compansation for the victim and a criminal record if found guilty

[seatrout]

The case wont be dropped and the Judge will take little notice of the victims letter -she could have written it because she is frightened of him - and lets face it if he kicked her on the floor then she has good resaon to be fearful

[shazzzz]

i for one am glad the police took the,ball out of my court ,thank god the law was changed i was unable to , make a dissishion. and stand up to my abuser after ten yaers i was worried when the victim wrote a letter in support of this man ,tell her she dont want to be ten years down the line,in a court looking at this man and holding up photos of her face batterd .domestic violence starts somewhere .best day walking from court with a guilty verdict .worste day the first day i let him away with it .and every one said what a lovely bloke he was to.street angel ,house devil.

[jimbeglin]

Every case has different circumstances. This didn't happen in a house, and this happened on a night out. This happened after arguing and fighting. There was a week that led up to it. This wasn't a normal attack, where a man purposely hits out at his wife.

[shazzzz]

it may not of been a normal attack ,in fact i have never heard of a nornal attack, after a week of argueing this lady is attacked and kicked on the floor this man must of been so angrey to kick this lady on the floor ,even a boxer will let his appoinent up but,this man kicked the lady while on the floor and it seems to me an attack like this has not just happend over a week i think this man has hit his girlfriend a lot of times only this time it was done in public, and people saw him and the police got involved,you seem to defend this man like your own,and dont seem to be worried about the victim,are you the victim

[jimbeglin]

It's all subjective. All I'm saying is the defendant had dranken lots, and knew what he had done and rang the police. He rang the police and reported the assault himself. All I'm saying is he regrets what he has done and is scared of going to jail. He's also very young.

[blondegirly]

I agree with Judge J. It is a case which passes the custody threshold however if he gets a good pre sentence report form Probation which presumably has been asked for (if not why not?) and it sounds like he should do with all the appropriate remorse etc. the victims letter shoudl be given to the defence lawyers and they can show to the Judge. Also why don't you write a letter to the Court giving character evidence? It should be a Community penalty but obviously there is no guarantee. Courts hate kicking but it sounds like there is plenty of good mitigation. I am sure his solicitor/ Barrister will advise of this. let us know how it goes. fingers crossed.

[jimbeglin]

He got a high county court judge. Mr. Justice Henriques I think, who gave him 100 hours community service. It was very surprising as the judge said he was a very articulate and intelligent young man and said he doubts he'll ever see him at court again.

[Annlinda]

Typical b.....y judge. Lenient sentencing!!! The Magistrates probably had hoped for longer than six months inprisonment.Domestic violence is taken VERY seriously in the lower courts but obviously this CCJudge doesn't

[jimbeglin]

It's hardly lenient.

100 hours community service, any failure to do the 100 hours and I'm sure a prison sentence will be executed.

What's the point imprisoning people all the time. It does nothing.

PRISON MAKES CRIMINALS.

[Annlinda]

100 hours CPO is peanuts. He deserved at least 6 months. When he attacks his partner again and does more damage I hope he gets his just deserts. Again I say domestic violence is something that happens again and again the amount of violence often escalating and can end in death.

[jimbeglin]

And you are basing your assumptions on what?

Do you know the defendant?
And how do you know he'll do it again.

Stop being so bloody cliche.