Aggrevated violent entry

[ummmm]

How bad is it???

[NORMANTHEDOG]

very bad if you get caught.

[IggyB]

worse if it happens to you i'd think

[ummmm]

How about ABH, commom assult and aggrevated violent entry. Been caught and charged with all three. Are they likely to be remanded in custody. Especially as the police have recommended that he is??

[horsestache1]

I hope so.

[NORMANTHEDOG]

yes,i would have thought so,they are quite serious charges,but who knows with our police and courts these days

[jake-the-peg]

http://www.jsboard.co.uk/downloads/acbb/comple te_06v2.pdf

Is the magistrates sentencing guidelines

P115 is ABH
P121 is Common Assault
P228 is the grounds for remand in custody


I think the guideline for ABH is a custodial sentence.
Note that voluntary compensation and evidence of genuine remorse may be taken as mitigating factors.

Not sure about the Aggravated Violent Entry bit

The main reasons for refusing bail are if there are substantial grounds for believing the person would not return for trial or would commit another offense on bail

[indie_chic]

this very thing happened to me a couple of weeks ago, he got a a fixed penalty notice. Brilliant!!

[ummmm]

I was at home on my own when I got a phone call from a friend screaming down the phone. I ran outside and he was out there beating her with a pick axe handle. I ran back to my house and phoned the police. Couple of mins later there was banging on my door. The police advised me to stay in the house but I said 'sod that, I'm leaving out the back door' I ran to the local pub and when I got back to the house he'd kicked my front door in. I know him well enough to know that he wasn't after a friendly chat. He got arrested a couple of hours later. Kicked off all night Sat and all day Sun. Said No Comment at every time he was questioned. The police have loads of witness'. In court this morning charged with the said offences. Guess what. They let him out!!!!

[ummmm]

It wasn't anything to do with burglary. He didn't take anything and didn't have any intentions of taking anything. He was angry because I was out with his girlfriend or because I phoned the police. If I didn't leave the house when I did he would have beat me with the pick axe.

[ummmm]

Thanks. But it's obvious that the police do not take it as serious as it is. Although he has been bailed to another town! I just hope that they come down on him this time. They definately told me that he has been charged with aggrevated violent entry. Along with the ABH and common assult. He also has just got a caution for assult on someone else. Lovely man!!!

[jake-the-peg]

If you look at theat link I gave you (Yes I know it's a big book) you'll see that one of the grounds for refusing bail is there's a reasonable risk that they'll attempt to interfere with a witness.

Given the circumstances you describe I'd say that was a very reasonable assumption so I'm pretty surprised they bailed him - It's a shame they didn't have a letter from you or somebody saying how they feared for their safety as that might have swung it.

The recommendation for Actual bodily harm is a custodial sentence and use of a weapon is an aggravating circumstance also
If offender is on bail, this offence is more serious
If offender has previous convictions, their relevance and any failure to respond to previous
sentences should be considered � they may increase the seriousness. The court should make
it clear, when passing sentence, that this was the approach adopted.

[dennilson]

I have never heard of aggravated violent entry and dont thinks such an offence exists. I have heard of violence to secure entry, however this offence appears a lot more serious than that. If the person who entered your address as a tresspasser with the intention to commit GBH, and had with him at the time of the offence a weapon of offence or immitation firearm; or firearm or explosive then he commits the very serious offence of aggravated Burglary. This guy sound like he had a weapon of offence when he entered, he should have been charged with Aggravated Burglary, refused bail at the Police Station then remanded by the Magistrates to appear at Crown Court. Hopefully should get a good sentence. Certainly not fit for bail or anything else for that matter

[DuracellB]

You can only be charged with burglay if it can be proven that that the accused entered the premises with the INTENT to cause Grevious Bodily Harm. Section 9 1 (A) Theft Act 1968. There is however another law covering using violence to secure entry to a premises (when the person inside objects to your entry) I believe this is covered by the crimnal law act. Either way, they are both bad and if your commit either you deserve to be locked up!!

[dennilson]

That last answer is incorrect, if the person has the weapon of offence with him at the time of committing any part of the theft act 9 1b or 91a then he commits aggravated burglary, whether he has entered to commit theft, criminal damage, rape or gbh, as long as he has entered as a trespasser with that weapon then the offence is complete. I agree the Crown Court would be the place to argue the persons intent at the time, but there is sufficient to charge in your case. As for the violence to secure entry, you are wasting your time, he would laugh out of court