Common Assault On A Child - Likely Sentence

[Milkybarkid1980]

My sister has been charged with common assault in a child, she has put a plea basis in which has been accepted by the prosecution stating she was pointed out a 13 year old boy who had hurt her 8 year old son, she pulled him down from a tree, she asked him where he lived and who his parents where to tell them what he had done to her son, he tried to run away and she grabbed him by his shirt collar (her hands touched his neck doing this) and pushed him and he then ran away. She has good mitigation as was struggling with anxiety and bereavement issues (due to the death of her oldest son) at the time and has sought psychological help with this. She has no previous convictions. Should she expect a prison sentence?

[Buenchico]

>>> Should she expect a prison sentence?

Not a chance. See pages 213 to 216 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Final-MCSG-March-2016.pdf

Either a conditional discharge or a small fine is the most likely outcome.

[Milkybarkid1980]

I have seen that but the maximum sentence is 6 months prison. With the offence being against a 13 year old wouldn't the chance of going to jail increase? She is worried about losing her job and care if her children.

[New Judge]

As 'Chico has said, custody is unlikely in the extreme. I won't go into the mechanics of the sentencing process. Yes, the victim being a 13 year old aggravates the matter but it will still not take it into the range where custody is considered. Very very VERY few people go to prison for Common Assault and for a first time offender it is practically unheard of.

[Buenchico]

For the magistrates to consider a prison sentence it would have to be a Category 1 offence. It isn't. Even if it was, the 'starting point' sentence is still non-custodial and it would need something particularly serious (which there isn't) to push the sentencing up to a custodial level.

Only a very small percentage of common assault cases result in a custodial sentence. (Even the more serious charge of 'Actual Bodily Harm' is unlikely to result in custody in most cases). It simply doesn't happen.

[Old_Geezer]

In my day the kid would have had a thick ear and deserved it. Not that it helps anyone these days as kids are allowed to grow up without discipline and thinking they can do what they want.

[Mamyalynne]

^ Some.

[Peter Pedant]

Yeah OG I recollect the time that strangers could hit kids ( like me )
I dont look back on those times with rosy, those-were-the-days feelings

and yeah we didnt tell anyone in case the parents added their own for obvious misbehaviour in public ....

[Milkybarkid1980]

I wasnt sure how to define category 1 offence, I thought with it being a child that would make it category 1 with a jail risk. Her own child was present (he pointed the older child out as did other children) and there was 3 or 4 other children present. My sister had been panicking about jail and I have been unsure what to say. I have limited legal knowledge but after reading the sentencing guidelines I was hoping for a suspended sentence

[EDDIE51]

I will just add to the others, not even a chance of jail, most likely a conditional discharge. Cat 1, 2 & 3 refer to the seriousness of the injury not to the age of the child by the way.

[New Judge]

Well I didn’t want to get into detail but you still seem concerned.

To be even considered for custody the offence must fall into Category 1. (Even then, custody for a first time offender, especially one pleading guilty is extremely unlikely). But anyway, to fall into Cat 1 there must be “greater harm” and “higher culpability”.

If you look at the guidelines, from what you say the only factor which could make the offence one of “greater harm” is the vulnerability of the victim (a youngster). There are no factors that particularly indicate higher culpability. There seems to be no element of planning or targetting, nor of a sustained attack. At the very worst the offence might squeeze into Category 2 (because of the victim’s age) but that’s about it. And as you can see, the guidelines for Category 2 do not include custody as a consideration.

Magistrates must sentence in accordance with the guidelines, basing their decision on the facts presented to them. Of course it’s a worrying time but I think you can be assured, based on what you have told us, that custody will not be considered. I should also point out that unless custody is justified by the sentencing guidelines (i.e. it must be in category 1) then a suspended prison sentence cannot be considered.

My view, based solely on what you have said (which is nowhere near as much as will be presented in court) is the court may well feel able to deal with this by way of a Conditional Discharge. Your sister’s previous good character, the element of provocation that was present (i.e. the threats to the eight year old) and her personal circumstances (bereavement, etc.) may well see that as a possibility.

[Milkybarkid1980]

Thank you for your help, it's appreciated.