ABH deemed to serious for magistrates moved to CROWN COURT, first time offence

[dunknodunkno]

I have been charged for ABH, i punched someone ONCE after a group altercation on a night out, i was under the influence of alcohol, it was not self-defense unfortunately i punched first knocking him straight to the ground. I am 18 years old, i am currently studying in university and have no priors, first time offence. The boy suffered a fractured tooth and swollen lip. I attended magistrates court recently where they deemed it too serious and have now sent me to a Crown court in 6 weeks. My solicitor has told me i am expecting community service alone or with a suspended sentence and has ruled out any custodial sentence, however i then find out that a magistrates court can sentence a maximum of 6 months in prison. Does this not mean I would be receiving at least 6 months custodial sentence? What should I expect as a sentence? im very worried about imprisonment

[NOX]

No not at all, in fact if you've not done anything too bad ( and in the big scheme of things you haven't) then it's often better to be sentenced at Crown as they are used to seeing seriously unsavoury people and you will seem tame by comparison. Take notice of your legal team, they generally know what's going on, be smart and calm when you attend court, if you speak be well spoken and polite and express remorse and you'll be fine. It's really not such a big thing as you think, although I understand you being worried.

[beso]

It is a serious offence. Single punches have killed people before today. The dental injuries you have inflicted will leave your victim permanently damaged. The alcohol is no excuse.

You will probably get off lightly so learn your lesson well and find some real remorse beyond your self-centred fear of imprisonment. Don't make excuses like you have in your post, "ONCE" and "under the influence".

Offer to pay for your victim's dental work.

[dunknodunkno]

it wasnt an excuse, i was saying facts above, apparently the fact that it was only one punch and under the influence is taken under considerate consideration.

[MarkRae]

> My solicitor [...] has ruled out any custodial sentence.

You do know that your solicitor can't actually do that, don't you?

[dunknodunkno]

yea sorry i dont mean ruled out, i mean he told me i should NOT be expecting a custodial sentence

[New Judge]

The Magistrates obviously thought differently, and it is their call.

They do indeed have a maximum sentence of six months custody and they believed your offence was too serious for them to pass sentence. I’m afraid NOX’s assertion that you are better off being sentenced in the Crown Court is not very sound. Any solicitors worth their salt will do everything they can to have their cases remain in the Magistrates’ Court for sentencing. If for no other reason there is no chance that a sentence of more than six months will be handed down. (The choice of venue for having a trial heard is a bit more complex, but from your question I assume you have pleaded guilty). From your description of events and bearing in mind the Magistrates have sent you to the Crown Court the offence has obviously been viewed seriously. A Crown Court appearance must be taken seriously.

Bear in mind that Magistrates are also limited to six months custody even if the sentence is suspended. The Crown Court may well feel able to suspend any sentence it passes (mainly because of your lack of “previous”).

[mike11111]

What is not clear is whether he has been remanded to the Crown Court for sentencing or the magistrates declined jurisdiction in the first instance.

[MarkRae]

Mike, I interpreted it as the latter...

[New Judge]

Strangely, Mark, I thought the former. Nowhere in the question does it suggest that the offence was not committed or that the incorrect charge had been brought, but who knows.

Perhaps dunknodunkno could clarify it for us.

[dunknodunkno]

sorry, I pleaded guilty from the very beginning, I am not remanded, just the magistrates declined jurisdiction in the first instance

[New Judge]

There is a difference in procedure depending on your plea, dunk.

If you plead not guilty (or withhold your plea) the Magistrates hear the facts of the case and decide whether your trial should be heard in the Magistrates’ Court or in the Crown Court. If they decide it should be the Crown Court this is when they “decline jurisdiction”. (Note if they retain jurisdiction you can still elect for trial in the Crown Court, but you cannot elect trial in the Magistrates’ Court if they decline jurisdiction).

If, as you did, you plead guilty the Magistrates have to sentence you. Among their options for ABH is to send you to Crown Court if they consider their sentencing powers are insufficient. I am a little puzzled because Magistrates’ sentencing guidelines suggest that Crown Court should not be considered unless the offence was pre-mediated. From what you say this is not the case so it is difficult to say what made the Bench consider their powers were insufficient.

By the way you are currently “remanded”. Although you are obviously not in custody you are remanded on bail to appear at the Crown Court on the appointed day.

[EDDIE51]

New Judge, I am wondering about this one as well, possibly we have not been told the full story . It does sound odd that if it was just a 'one off' that it has sent to Crown, I wonder if there is more to the ''group altercation'' that the questioner mentions ?

[JJ2COOL]

Hi, i have a similar situation. Basically i was on a night out down town. there was a lad who saw his ex misses out with her new partner, he was causin alot of trouble and looking for a fight. me being an idiot was drunk and fooling around with my friend (probably showing off a bit). my mate said he would crouch down behind this lad if i pushed him over. (we were just fooling around and both of us acting out of character) did this. the lad then got up and started swinging loads of punches at my mate. the lad was with a load of his friends and i thought they were all going to attack my friend. ive then ran over to stop them fighting and hit this lad once knocking him to the ground (his nose broke) i was then arrested.

The copper who arrested me has said that his saw the incident and that i hit the lad loads of times, the lad went to the ground and i continued to hit him and resisted arrest. this definalty didnt happen, like i said i hit him once and was arrested, didnt even argue with the coppers and they walked me to their vehicle.

at the police station i gave a no comment interview, but handed in a statement mentioning everything apart from the fact that i was fooling around and pushed the lad.in the statement i asked them to get CCTV as i denie what the copper had said and CCTV will prove this.

Its now been sent to crown court. as far as im aware they have still not got the CCTV when the area it happened is right outside a night club and fully covered by CCTV.

this is my first offence, I am being chraged with ABH and resisting arrest. i feel bad for whats happened but the lad was attacking my friend. i am pleading not guilty and think this is going to end up going to trail.

I am a sports coach and work in primary schools and community centres so being charged will affect my work. this has already affected me as i couldnt afford court costs/solicitor fees so have knocked alot of my work on the head and now claim job seekers.

does anyone have any idea of how serious this is and if found guilty am i look at jail time ?

many thanks for ur help