suspended sentance

[harmony80]

will my boy friend go to prison he recieved a suspended sentance 4 a year for drink driving whilst disqualified, but was charged with assauting me yesterday what will happen to him?

[New Judge]

Strictly speaking the court can activate the suspended sentence if the defendant is convicted of any offence during the period of suspension. However, a view of the seriousness of the second offence is taken. A speeding offence, for example, would not activate a suspended prison sentence.

You have not said what offence your boyfriend has been charged with. Even Common Assault (the least serious charge he is likely to face) can carry a custodial sentence and it will be viewed as a serious offence if it was committed in a domestic setting. There is therefore a strong likelihood that the suspended sentence will be activated in the event of him being convicted of assaulting you.

[harmony80]

he was charged with assault by beating will he go to prison if i re tract my statement

[New Judge]

If you retract your statement the prosecution is most unlikely to proceed. Even if there are other witnesses, an assault without a victim as a witness is unlikely to succeed. Of course if there is no conviction, the suspended sentence cannot be activated.

I don't usually get involved with "emotional" issues, but I have an interest in domestic violence and its consequences. Are you really sure that retracting your statement is what you want to do?

Statistics show that if a perpetrator of domestic violence goes unchecked he (or she) is almost certain to commit further acts of aggression and that the level of violence is likely to escalate. Furthermore studies also show that the first time a victim goes as far as to report the matter to police is usually (on average) about the twelfth time they have suffered violence.

In general, leopards do not change their spots and their attacks become more vicious. If you are prepared to risk this, fine. If not, you know what needs to be done.

[beck07]

If you retract your statement the police can choose to arrest you for waisting ther time and still could press charges on your boyfriend without your say-so! But if he beat you up, isnt prison the best place 4 him??

[Mamjet]

if you retract your statement then you're a loser.

go for it - retract your statement then next time he beats you up act all surprised and shocked. then come back on this board and say 'will my boyfriend go to prison, he beat me up again....'?

Or alternatively, send the ****** down. I'd have jailed him for drinking and driving, the idiot.

[Ice.Maiden]

Harmony probably already has plans to leave this guy. She was asking what's likely to happen to him, that's all.

However, in asking whether she should retract her statement, it does rather seem as though she's prepared to give him another chance, if only to keep him out of prison.

Don't do it Harmony! he deserves everything he gets.

[Androcles]

Following up on what New Judge said - why is he STILL your boyfriend? There are some posters up around our village which say "When was the last time you told her you love her? Immediately after the last time you had beaten her up?"

He's a loser - dump him and fast before you become one too!