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Neighbour assaulted my husband
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Last week our next door neighbour assaulted my husband. We are having a loft conversion which he is not happy about. On the day the scaffolding went up, at 11pm he started hammering on our scaffolding and thumping our conservatory windows and screaming and shouting. My husband went out to see what he was playing at and he hurled a torrent of abuse at my husband. My husband came back in the house to phone the police. The neighbour then started thumping our front door and screaming for my husband come outside. The neighbour was clearly drunk and was threatening to kill my husband. As my husband opened the door, the neighbour forced his way into our home and dragged my husband outside, and dislocated my husbands shoulder. We have two independent witnesses who saw the attack, one of whom is a professional witness and gave a live commentary of the attack to the 999 call centre. Apparently he has no previous convictions, can anyone tell me if he is likely to go to prison?
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A dislocated shoulder is a relatively minor injury, so the charge will probably be 'ABH' rather than the more serious 'GBH' or the lesser 'Common Assault'.
If no weapon was used, and the court doesn't regard the assault as pre-meditated, the 'starting point' sentence for a first time offender convicted after a trial is a 'high' community order, with a 'sentencing range' (which the court would normally be expected to adhere to) running from a 'medium' community order up to 26 weeks custody.
However, if the court takes the view that their was pre-meditation involved in the offence (but still with no weapon involved and resulting in relatively minor, non-permanent injuries), the 'starting point' goes up to 24 weeks custody, with a sentencing range of 12 to 36 weeks custody.
As indicated, those sentences apply to a conviction after a trial. An early guilty plea would see a reduction in the sentence.
In practice, the courts usually try to keep first-time offenders out of prison whenever possible. The most likely sentence is probably a community order (perhaps with a requirement of, say, 200 hours unpaid work).
Chris
If no weapon was used, and the court doesn't regard the assault as pre-meditated, the 'starting point' sentence for a first time offender convicted after a trial is a 'high' community order, with a 'sentencing range' (which the court would normally be expected to adhere to) running from a 'medium' community order up to 26 weeks custody.
However, if the court takes the view that their was pre-meditation involved in the offence (but still with no weapon involved and resulting in relatively minor, non-permanent injuries), the 'starting point' goes up to 24 weeks custody, with a sentencing range of 12 to 36 weeks custody.
As indicated, those sentences apply to a conviction after a trial. An early guilty plea would see a reduction in the sentence.
In practice, the courts usually try to keep first-time offenders out of prison whenever possible. The most likely sentence is probably a community order (perhaps with a requirement of, say, 200 hours unpaid work).
Chris
thank you for your answers, One of our witnesses works as an Anti Social Behaviour Warden so the police have told us he is classed as a professional witness,
We have had trouble with our neighbour in the past, we have called the police 3 times after different incididents and he has been warned of his conduct then. He usually starts screaming and shouting at us for every slight noise we make, even using my hairdryer!! He once threatened my husband with violence then attempted to get over the garden fence to get at him but he was too fat to get over, ha! Will the fact he started screaming "Im going to kill you" before my husband opened the door be classed as the attack been premeditated? He also continued to 'go for' my husband after he had dislocated his shoulder, he chased my husband down the street and took a swing at him despite my husband shouting, "back off, you have dislocated my shoulder". All of this was reported to 999 as it was happening by the "professional witness".
He has admitted been drunk and shouting and swearing and forcing his way into our home, however he denies attacking my husband and dislocating his shoulder. He says my husband threw himself on the floor!
We have had trouble with our neighbour in the past, we have called the police 3 times after different incididents and he has been warned of his conduct then. He usually starts screaming and shouting at us for every slight noise we make, even using my hairdryer!! He once threatened my husband with violence then attempted to get over the garden fence to get at him but he was too fat to get over, ha! Will the fact he started screaming "Im going to kill you" before my husband opened the door be classed as the attack been premeditated? He also continued to 'go for' my husband after he had dislocated his shoulder, he chased my husband down the street and took a swing at him despite my husband shouting, "back off, you have dislocated my shoulder". All of this was reported to 999 as it was happening by the "professional witness".
He has admitted been drunk and shouting and swearing and forcing his way into our home, however he denies attacking my husband and dislocating his shoulder. He says my husband threw himself on the floor!
gosh, he sounds lovely.. and to think I complained about the music next door!
seriously.. I'm sorry. I doubt he'll get away with it, considering the evidence. it's not my area of expertise, but I suspect it's within the sentencing guidelines of a magistrates' court.
I just don't get why he opened the door to this nutter. I certainly wouldn't have.
seriously.. I'm sorry. I doubt he'll get away with it, considering the evidence. it's not my area of expertise, but I suspect it's within the sentencing guidelines of a magistrates' court.
I just don't get why he opened the door to this nutter. I certainly wouldn't have.
The only reason he opened the door to him is because our 2 year old was asleep upstairs and the noise was so loud that my husband was trying to shut him up before she was disturbed. Unfortunately it didn't work and she woke up with all the commotion and has been very unsettled since. You would not believe how much we hate this man!!
We have no idea what he has against the loft conversion, he has a problem with everything and anything and almost every neighbour in our street has had problems with him in the past. No the scaffolding is not on his land, his problem is that one of the poles is NEAR his conservatory guttering!! I note NEAR not TOUCHING it, and still very much on our land. We have tried to go down all the right channels in getting the loft converted, i.e. served them with a party wall notice which, suprise suprise they did not agree with, so we have had to pay for 2 surveyors to draw up an agreement for the work which is costing us an additional �1200. He claims to be a builder and has tried to tell us from day one that we cannot have a loft conversion in our style of house, and has tried to come up with every excuse under the sun why we will not be able to have it, now it is underway he is obviously sulking and feeling rather stupid!
We have no idea what he has against the loft conversion, he has a problem with everything and anything and almost every neighbour in our street has had problems with him in the past. No the scaffolding is not on his land, his problem is that one of the poles is NEAR his conservatory guttering!! I note NEAR not TOUCHING it, and still very much on our land. We have tried to go down all the right channels in getting the loft converted, i.e. served them with a party wall notice which, suprise suprise they did not agree with, so we have had to pay for 2 surveyors to draw up an agreement for the work which is costing us an additional �1200. He claims to be a builder and has tried to tell us from day one that we cannot have a loft conversion in our style of house, and has tried to come up with every excuse under the sun why we will not be able to have it, now it is underway he is obviously sulking and feeling rather stupid!
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