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Likly Sentance
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My ex girlfriend has been charged with Section 47 - ABH, she has previouly been convicted of accessory to kidnap and false inprisonment but this was over 5 years ago when she was a minor and only recieved a 2 year suspended sentance. She has also had a couple of cautions for drunk and dissordely, most recently about 9 months ago. The person assalted has two eye witnessess and recieved bruising to both arms caused by a bite and a chair being thrown. I believe she is pleading guilty but due to provacation, but she was intoxicated at the time while neither of the witnesses were. We have a 9 month old son together and dispite her obvious temper she is a good mum and i would not like to see her sent to jail. On the other hand should I be preparing to have my son on a more permanent basis. If anyone could shed some light on the likly sentance she would recieve if would be much appreciated. She is due to attend magistrates court only 7 days after the incedent, which seemed quite quick to me whter that has any relevance.
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Firstly, ABH on conviction could carry a prison sentence of 5 years. Courts do have guidelines on sentencing and it can be a fairly complicated procedure. One of the things, for example, they may consider is whether or not the defendant pleads guilty or not.
I wouldn't place too much store by the early Court appearance because, from what you say, there's probably nil chance of a resolution of the matter only one week after she was charged. I'd say that it will be adjourned and could drag on for months.
The Court would also take her previous record into consideration.
Firstly, ABH on conviction could carry a prison sentence of 5 years. Courts do have guidelines on sentencing and it can be a fairly complicated procedure. One of the things, for example, they may consider is whether or not the defendant pleads guilty or not.
I wouldn't place too much store by the early Court appearance because, from what you say, there's probably nil chance of a resolution of the matter only one week after she was charged. I'd say that it will be adjourned and could drag on for months.
The Court would also take her previous record into consideration.