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ABH in Crown Court
Hi I have posted about this before but it just seems to be dragging on forever. My ex assulted me held me at knifepoint and was charged with ABH he appeared before magistrates but they wouldnt accept the case he is now before crown court and is being given bail for 2 weeks at a time having to appear before the court every 2 weeks to ensure that he has not approached or contacted me. He has a plea and directions hearing on 1.10.08. The police have a lot of photos and he was charged the same day as arrested is there a strong chance he will be found guilty he threatened to kill me in front of police. He is telling everyone his solicitor says he will get not guilty and is telling people a totally different story to what he initially told police. He is now going self defence but never mentioned this on arrest and said to the police there was no knife but he is now saying I had the knife.
I am dreading going to court to give evidence as he has pleaded not guilty and my friend has to go as a witness as she heard him say he was going to kill me over the phone. Its bad enough having to go but if he got not guilty would be devestated. If he gets guilty have you any idea what sentence he would be looking at he has no previous except a caution for ABH on me 3 weeks before this incident. (He does have previous for violence and has been to prison for it but its over 25 years ago so assume this wont count)
Any help and advice would be greatly appreciated.
I am dreading going to court to give evidence as he has pleaded not guilty and my friend has to go as a witness as she heard him say he was going to kill me over the phone. Its bad enough having to go but if he got not guilty would be devestated. If he gets guilty have you any idea what sentence he would be looking at he has no previous except a caution for ABH on me 3 weeks before this incident. (He does have previous for violence and has been to prison for it but its over 25 years ago so assume this wont count)
Any help and advice would be greatly appreciated.
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Shellp, its natural that byou will get nervous the nearer the court day approaches but you are doing the right thing and it will be sorted out and dealt with soon. I guess the waiting is very difficult but you have been through the worst and there is light at the end of the tunnel. Keep you chin up, you are almost there.
AS for the verdict I believe that justice will prevail. Keep that thought in your mind and keep positive.
I cant comment on the possible but have a look through your previous posts as I would guess the question was answered there.
Let us know how you are doing and good luck
AS for the verdict I believe that justice will prevail. Keep that thought in your mind and keep positive.
I cant comment on the possible but have a look through your previous posts as I would guess the question was answered there.
Let us know how you are doing and good luck
First, let's look at the 'self defence' claim:
If someone attacks you the only legitimate 'self defence' (in the first instance) is to remove yourself from the situation. (i.e. to run away). If that's impossible, it's then legally permissible to use minimal force to give you the chance to remove yourself from the situation. (e.g. you can push the attacker to the floor and then run away). If running away is clearly impossible, you can use such force as is necessary to protect yourself, but no more. Based upon your account, your ex has absolutely no chance of proving 'self defence'. Saying "I though she was going to hit me, so I hit her first" won't stand up in court. He'll be asked why he didn't simply run away (as the law requires).
Courts are coming under pressure to imprison everyone who simply carries a knife. Fortunately, the courts are resisting these pressures because not everything is 'black' or 'white'. However, anyone who uses a knife (even if it's not actually used to stab or slash the victim) is almost certain to face a lengthy custodial sentence. The magistrates have recognised this as they've referred the matter to the Crown court because they believe that their maximum sentencing powers (i.e. 6 months imprisonment) are unlikely to be sufficient.
The maximum penalty for ABH is 5 years imprisonment (plus an unlimited fine). I'd guess that your ex is probably looking at around a 2 year sentence, with half of that time actually being spent 'inside' .
Try thinking of the court hearings as the chance 'to get your own back'. Feeling vindictive is rarely positive but I feel that your case may well be an exception ;-)
Chris
If someone attacks you the only legitimate 'self defence' (in the first instance) is to remove yourself from the situation. (i.e. to run away). If that's impossible, it's then legally permissible to use minimal force to give you the chance to remove yourself from the situation. (e.g. you can push the attacker to the floor and then run away). If running away is clearly impossible, you can use such force as is necessary to protect yourself, but no more. Based upon your account, your ex has absolutely no chance of proving 'self defence'. Saying "I though she was going to hit me, so I hit her first" won't stand up in court. He'll be asked why he didn't simply run away (as the law requires).
Courts are coming under pressure to imprison everyone who simply carries a knife. Fortunately, the courts are resisting these pressures because not everything is 'black' or 'white'. However, anyone who uses a knife (even if it's not actually used to stab or slash the victim) is almost certain to face a lengthy custodial sentence. The magistrates have recognised this as they've referred the matter to the Crown court because they believe that their maximum sentencing powers (i.e. 6 months imprisonment) are unlikely to be sufficient.
The maximum penalty for ABH is 5 years imprisonment (plus an unlimited fine). I'd guess that your ex is probably looking at around a 2 year sentence, with half of that time actually being spent 'inside' .
Try thinking of the court hearings as the chance 'to get your own back'. Feeling vindictive is rarely positive but I feel that your case may well be an exception ;-)
Chris
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