Likelyhood Of A Custodial Sentence

[allmanphillip]

Hi im hoping for some advice in my up coming sentence day in crown court I Am up for sentencing on 2 counts of car theft twok and 2 counts of driving whilst disqualified I pleaded guilty at first opportunity I have a pretty bad past record but never for car theft i think it's now aggravated twok because I used a device to start the cars up I've been told sentence guide line is 1-3 years !! And my solicitor informed me Friday that the judge has denied me having a pre sentence report and that means he wants a custodial sentence !? I've already passed on a character reference from my partner as well as I am her caregiver as she has disabilitys and also that we will lose our house if I go away etc it's all really confusing on what I'm going to get :(

[douglas9401]

Just be patient, you'll soon know for sure.

[EDDIE51]

I think about 2 years is the probable outcome.
I have seen people get 6 months just for driving while disqualified.

[allmanphillip]

Well the judge denied the Pre sentence report and My judge says that is bad but other solicitors say it isnt and he obviously had to take personal mitigating circumstances into account like losing our house my disabled partner my job ? etc I know I will get a 3rd of anything for the guilty plea alone

[Dee Sa]

Its up to the judge,no point driving yourself mad by guessing,I not judging you but perhaps u should have thought of the consequences before commiting the crime ? Its your partner I feel sorry for having to cope without you.

[allmanphillip]

Yes I know what you mean and I know it is my fault I'm just panicking And scared now incase it all goes wrong my solicitor isn't being very helpful and other solicitors are giving different answers making me more confused

[EDDIE51]

6 months prison with a guilty plea is normal just for driving while disqualified! So I can't see you getting under a year in jail even with a guilty plea!

[allmanphillip]

Yes Eddie the maximum sentence for Driving disqualified is 6 months but you always serve half so 6 do 3 months etc and a early guilty plea will guarantee you a 3rd off any sentence and then the normal half off sentence after

[EDDIE51]

I assume you have already been to Magistrates court and the case has been 'referred up' to Crown for sentencing?
If that is the case it means the magistrates consider that their sentencing powers ( they can sentence to a maximum of 6 months) are not sufficient for the offence so they have sent you to crown court so that a sentence of over 6 months can be given!

[allmanphillip]

Yes that's is correct Eddie it was passed up to crown for that reason but just because magistrates send it up to crown as it's past there sentencing powers doesn't mean custody still and also doesn't long custody magistrates is 12 months serve 6 maximum so even if it was a 13 month prison sentence you would only serve like 3-4 months

[EDDIE51]

You are getting confused. Magistrates can only sentence to a maximum of 6 months, meaning that 3 months will actually be served.
Any sentence where a specific time is given gets release at the halfway point.
You have been sent to Crown for sentencing so you are getting over 6 months. Only a sentence of 2 years or less can be suspended.
I personally think you will be lucky to get less than 2 years! so you are going to be VERY lucky to get a suspended sentence!

[allmanphillip]

Yes It's going to be touch and go I think well I still have the 3rd off for pleading guilty the letter from my partner to explain abour her disability and losing The home and circumstances etc And I think the judge has to take mitigating circumstances into account ? I've also been on the right side of the law recently And helped officers with some thing said so they offered to attend court with a letter for the judge to show I've done some good for them so not sure if that will swing things
Either

[EDDIE51]

You get the 1/3 off AFTER the sentence has been passed. So for example if the sentence was 3 years you would only serve 2. But the sentence is recorded as being 3 years not 2!

[allmanphillip]

Well yes if it was 3 years then take off the 3rd is 2 years then do half

[New Judge]

I’m somewhat confused by what you tell us.

What charges do you face that have seen this referred to the Crown Court? Driving whilst disqualified is a “Summary” offence and can only be dealt with in the Magistrates’ Court. Vehicle taking without consent (TWOK) can only be aggravated if damage is caused to property (other than the vehicle taken) and even then that matter can only be referred to the Crown Court if the damage exceeds £5,000 in value. Did you cause more than £5k worth of damage?

There is obviously a reason why you are at the Crown Court but without knowing what you have pleaded guilty to it is impossible to give a reasoned answer to your question.

Just a few points to clarify what has been written:

“6 months prison with a guilty plea is normal just for driving while disqualified!”

No it is not. Six months is the absolute maximum and with an early guilty plea the maximum is four months.

“You get the 1/3 off AFTER the sentence has been passed. So for example if the sentence was 3 years you would only serve 2. But the sentence is recorded as being 3 years not 2!”

No no no no no! When a court announces its sentence the amount imposed is after the discount for a guilty plea. So, for example, the judge might say:

“The sentence is two years’ custody.”

He might then add for information only:

“It would have been three years if you had not pleaded guilty and been found guilty at trial”.

Chummy then goes off to serve a two year sentence (which is what his record will show). He will be released at the half way point and will almost certainly qualify for even earlier release (up to 90 days) under the Home Detention Curfew scheme.

[allmanphillip]

Yes I'm very confused on it myself myself basically I stole 2 cars on separate occasions each car worth around £15000 each one car was recovered next day with only a smashed window the other car i put on glass park latest and

[allmanphillip]

I'm very confused on it myself myself basically I stole 2 cars on separate occasions each car worth around £15000 each one car was recovered next day with only a smashed window the other car i put on fake plates and drove around for a month then I was pulled by traffic police so i gave up no damage to that car except 2 bold tyres and pleaded guilty charged to court 2x twok 2x driving disqualified when to magistrates they threw it straight to crown as they got advised sentencing guide line is 1-3 years so I'm guessing aggravated twok because was told it's a either way offence ? The biggest thing they hated or might be what made it aggravated was I used electronic tools to start the cars up so pre meditated and sophisticated etc :/

[allmanphillip]

Right I've found out it's 2x car theft not twok