Criminal Damage £11,250

[toogood]

My recently left my husband, after six years. The day after left him, he came to my place of work and wrote off my car with a hammer, he pleaded guilty immediately, he was also carrying a can of petrol which he did not use. He has been to the magistrates court twice and has now been asked to to go to crown court for sentencing. He has no previous and is of good character. The probation officer has said they recommend community service. My question is what is the likely hood that he will go to prison?

[EDDIE51]

Given the particular circumstances my guess is that there is very little chance of jail. I think a community service sentence is what he will get , plus an order to repay the damage. But you never know, he may get a short jail term or a suspended sentence. Has he apologised and offered to pay for the damage?

[toogood]

Hi EDDIE51, as part of his bail conditions he is unable to contact me, although I am aware that he has received a request from solicitors representing the insurance company asking him to repay the damages, knowing the sort of person he is he will pay. I am also sure he regrets what he has done and communicated this to the appropriate people.

[EDDIE51]

If he has offered to pay and apologised, I think it is very unlikely he will go to jail.
Can't be sure of course , in the end it is down to the judge on the day.

[New Judge]

I would not be so sure that custody is inevitable.

The matter has been sent to the Crown Court because Magistrates' sentencing guidelines suggest that the offence is too serious for their powers of punishment (maximum 6 months custody). This is based mainly on the amount involved. Generally Magistrates decline jurisdiction for Criminal Damage matters involving more than £5k. This does not mean that a custodial sentence is inevitable but apart from the amount involved there are a number of aggravating features. It was clearly a planned attack and not spur of the moment; it involved a weapon; he was carrying petrol (perhaps indicating that he planned to commit an even more serious offence); it was carried out at your place of work (with the possibility that other people or their property may have been at risk).

In view of your husband's previous good character and remorse it may well be that a suspended sentence will be in order but immediate custody is a possibility.

[toogood]

Hello New Judge, is there anything that he could do to help his case? I really dont want to see him go to prison, we have two young children.

[toogood]

One additional thing to add is that the day prior he threatend to harm himself (suicide) seems like he was in a very bad place phsychologically.

[New Judge]

Speak to the "Officer in the Case " (that is, the police officer who is in charge of collating material for the case). You have the right to have a "Victim Impact Statement" read to the court by the prosecutor before sentencing. You can make your feelings known in that statement.