Likely assault for common assault (domestic)

[Laurenwilson12]

While previously on probation, breached bail twice..
Plead guilty or not guilty???

[Laurenwilson12]

i mean Sentence ahhh

[tonywiltshire]

Sorry lauren can only suggest you look at Crown Prosecution website,
there are a number of people who have knowledge of Criminal law and sentencing on AB such as buenchico, newjudge and others who may be able to assist, any knowledge I have is in civil law.

[cathfromsaron]

if you didn't do it, plead not guilty!

[Laurenwilson12]

hmm but what if it did happen but hes already done 4 months in remand??

[Laurenwilson12]

Hmm I know, what do you think he will get if he pleas guilty??

[Laurenwilson12]

Bear in mind he is 17

[Laurenwilson12]

Yeah but by the time of his pleading diet he would of have done 4 months in remand

[Zhukov]

The Court are protecting the Public....and preventing the Boy from absconding again!That is why he is "On Remand"!

[bednobs]

so?

[Laurenwilson12]

Yeah I understand..

[Zhukov]

..as already said..So!..what is the problem?..The 4 months will be taken off whatever sentence he receives.

[exdc]

Well that is what the poster is asking, what is the likely sentence.

[Laurenwilson12]

Yeah lol sorry to confuse I'm just really clueless about the system, im from Scotland also

[exdc]

No worries Lauren, thats why you obviously came here to ask your question.

Are you certain the charge is one of Common Assault and not a higher classification of assault as your other post suggest the injuries are inconsistant with this offence?.

[Laurenwilson12]

It got lowered from a serious assault by the Procurater Fiscal to an Assault. The victim and the asscued are both 17! He said he will plead guilty if one breach of bail is dropped at his intermediate diet

[exdc]

Ok thanks. The Max sentence for Common Assault is 6 months. Breach of Bail ranges from 10 weeks custody to Community Punishment Orders (that is for a 1st time adult offender in Mags court who pleaded not guilty).
There are a lot of factors in individual cases to take in consideration to give any accurate answers but have a look at the attached links from the Sentencing Council (Eng / Wales) . I am not familar with Scot crim law etc but hopefully someone here is.



Assaults
http://sentencingcoun...ine_-_Crown_Court.pdf


Failing to surrender to bail
http://sentencingcoun...Surrender_to_Bail.pdf

Youth offenders
http://sentencingcoun...sentencing_youths.pdf

[Laurenwilson12]

Thanks that did help a lot!!

[exdc]

Realistically, a juvenile convicted of common assault and breach of bail is unlikely to receive any custodial sentence having served four months of remand (which is an unusally long time for a juvenile).