News0 min ago
Too Harsh A Sentence ?
25 Answers
I had a row with my next door student neighbours about loud music. After a row, a girl (X) took a swing at me, which missed, but I punched her on the side of the face. Another girl (Y) came out of a side room to see what was going on, and then claimed I grabbed her and threw her against a wall. Girl x then started giving me loads of abuse, and after she called me an effing something I punched her again, this time on the nose. I didn't connect properly. I was charged with two counts of assault.
My brief advised me to plead guilty to punching X since I had, and not guilty to the charge against Y.
In front of magistrates, I was found not guilty against Y, but the old bill wanted the full facts to come out against X, and I was found not guilty regarding the first time I hit her, on the basis it was deemed as self defence.
Sentencing me for the second punch on X, despite this is my first offence, I was given 140 hours community service, and order to pay £200 in compensation, and £85 in costs.
Since X suffered no damage at all, isn't this extremely harsh? Cantona got 120 hours for the assault on a fan (remember?).
Have I any right of appeal against the severity of the sentence.
Thanks all in advance.
My brief advised me to plead guilty to punching X since I had, and not guilty to the charge against Y.
In front of magistrates, I was found not guilty against Y, but the old bill wanted the full facts to come out against X, and I was found not guilty regarding the first time I hit her, on the basis it was deemed as self defence.
Sentencing me for the second punch on X, despite this is my first offence, I was given 140 hours community service, and order to pay £200 in compensation, and £85 in costs.
Since X suffered no damage at all, isn't this extremely harsh? Cantona got 120 hours for the assault on a fan (remember?).
Have I any right of appeal against the severity of the sentence.
Thanks all in advance.
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No it isn't harsh. You got off lightly.
Think yourself lucky that you didn't connect properly. The intent counts towards the severity.
Moreover, had you done real damage you could have found yourself in jail. Indeed, people have died from a single punch.
Take it as a lesson in learning to control your anger.
Think yourself lucky that you didn't connect properly. The intent counts towards the severity.
Moreover, had you done real damage you could have found yourself in jail. Indeed, people have died from a single punch.
Take it as a lesson in learning to control your anger.
-- answer removed --
The magistrates appear to have classed it as a Category 2 offence, rather than Category 3. See pages 213 to 216 here:
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You can appeal a sentence from the Magistrates Court but the Crown Court wouldn't normally overturn a decision if the sentence was simply at the upper end of the correct range of sentences available. You'd need to show that the sentence was grossly disproportionate, probably by showing that the magistrates should have used the Category 3 sentencing range, rather than Category 2:
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You can appeal a sentence from the Magistrates Court but the Crown Court wouldn't normally overturn a decision if the sentence was simply at the upper end of the correct range of sentences available. You'd need to show that the sentence was grossly disproportionate, probably by showing that the magistrates should have used the Category 3 sentencing range, rather than Category 2:
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>>>am i right in thinking that the sentence can also be adjusted up as well as down?
No. A sentence can't be adjusted upwards unless (within 56 days of sentencing) the Court recognises a clear sentencing error (such as passing a non-custodial sentence when only a custodial one was permitted by law) - and that only applies to a Crown Court, not a Magistrate's Court, anyway - or the Attorney General agrees to review a sentence after a representation from any member of the public (but that only applies to decisions relating to certain specified offences dealt with in Crown Courts).
No. A sentence can't be adjusted upwards unless (within 56 days of sentencing) the Court recognises a clear sentencing error (such as passing a non-custodial sentence when only a custodial one was permitted by law) - and that only applies to a Crown Court, not a Magistrate's Court, anyway - or the Attorney General agrees to review a sentence after a representation from any member of the public (but that only applies to decisions relating to certain specified offences dealt with in Crown Courts).
When I worked for the Probation Service Community hours were longer than 3 hours a week, so it doesn't need to take a year to complete. Also if you wanted you could ask for extra days if you are in a position to do that.
There were many different types of work including cooking, painting etc. if you turn up when you're supposed to, follow the rules and don't cause problems you'll do fine.
Good luck with it.
There were many different types of work including cooking, painting etc. if you turn up when you're supposed to, follow the rules and don't cause problems you'll do fine.
Good luck with it.
