ABH &Criminal Damage

[freeatlast]

My estranged husband has pleaded guilty in magistrates court (1st hearing) for abh to me and criminal damage.

He strangled me, kicked me in the face with a shod foot and threw a hardback book into my face while i was on the floor. my 6 year old son was upstairs during the assault, He also kicked and damage my front door.

he has a string of previous convictions for violence, and numerous arrests for hitting me, but this was 1st time i pressed charges.

Judge rdered a pre-sentence report and i have made a victim impact statement...does anyone know the realistic likely sentence. (my husband is in the army and although his conduct sheet is not god here either, i know getting kicked out of the forces will be used as mitigation against a custodial)

[freeatlast]

I should also say that he has left me scarred as he split from my lip to up one side of my nose when he hit me with the book

[paraffin]

Hi freeatlast:

Slightly confused: You mentioned Magistrates Court, then later mentioned a Judge. You don't get Judges at Mag. Court.

Has it therefore gone for trial at Crown Court?

[freeatlast]

District judge was residing that day at the mags court

[paraffin]

Hi again,

Thanks for that. In which case, if dealt at Mag Court, you may find that because its powers are limited in comparison to Crown Court, the maximum custodial sentence I believe which could be imposed is 2 years.

He's sure to be sentenced for both offences together, if convicted, and if he were to plead guilty, that would be taken into consideration and "credited" to him.

He could even escape a custodial sentence, in which case he may receive community service. It's a possibility.

I take it you have a solicitor? Consult them asap.

Good luck.

[freeatlast]

as i understand it, max sentence is 6 months at mags.

he has already pleaded guilty to both charges and a pre-sentence report requested.

i was told by police that mags court could still refer case to crown for sentencing depending on their feelings in light of psr.

[terambulan]

freeatlast....you're not - he'll be back another day! Get a backbone and fight back.

Your son will be most hurt by these actions. He throws books.....you can throw heavy cooking pans, fight, fight, fight dont prosecute!

[obNOXious]

terambulan, that's about the worst advice I've ever seen anyone given here.
Free, whatever you do, keep within the law. You are behaving in exactly the right way. Keep yourself and your son away from this man and if possible get a restraining order, and do not, do not jeopardise yourself by attempting to deal with him physically.
It's right to fight, but there are ways and means, and so far you've done the right thing, if you hit back then he has leverage against you in the courts and worse case scenario you might accidentally kill him and end up behind bars yourself. You have a life to live now, don't do anything foolhardy and f3ck it up, and don't feel your not strong, because you are.

[Drisgirl]

Ditto Nox

I have been the victim of domestic violence but a cakewalk (if thats poss- to what you endured).

Take care and dont fight back -you could find yourself behind bars the same way as your ex is going -violence is violence and you would be treated the same as him in the court of law.-now where woudl that leave your son?

He'll get the jail mark my words -the Army is a job -maybe different in his and your eyes, but he wasnt conscripted so I cant see the difference.

Look after your family and let him fester xxx

[Sgt.Rock]

The Army are known for this sort of thing - ladies take heed.

[freeatlast]

he is no longer living in the house (i moved out of married quarters and into new place) and there is also no prospect of me fighting back. i do not operate this way and besides, he is a 6ft paratrooper and i am 5ft 2!

I have taken all steps to end my marriage, just after advice on likely sentencing he will get.

[paraffin]

Hi again:

In light of the fact that you say the Police told you that this could go to Crown Court for sentencing puts a different slant on the possible sentence on conviction.

It would be then more likely that a custodial sentence could be the outcome.

Both ABH and Criminal Damage are what are called "arrestable offences" which means that they can carry custodial sentences of at least five years. (It doesn't guarantee that, of course!) That is obviously up to either Magistrates or Judge.

If you Google "Assault Occasioning Actual Bodily Harm" and "Criminal Damage" all relevant details can be viewed.

Good luck.

[freeatlast]

Ok, i don't think I made my original request very clear.

I know the "official" possibilities regarding sentences he COULD get. (ie: max jail times etc)

What I want to know is what is the likely sentence he will get, in reality.

[New Judge]

Shape up paraffin!

Maximum penalty for Criminal Damage under �5k (which this probably is) is 3 months (6 months if racially aggravated).

Maximum penalty in Magistrates' court (for any offence) is 6 months (unless 2 or more "Either Way offences are being sentenced, in which case maximum is 12 months).

Arrestable offences do not have to carry a five year sentence. For example, drink driving or disqualified driving (maximum 6 months for either).

Police saying it "could go to Crown Court for sentencing" has absolutely no bearing on possible sentence.

[freeatlast]

So new Judge, do you have any opinions on the likely sentence he may get?

[New Judge]

The sentence very much depends on the exact nature of the assault. From the brief details you give, and looking at the magistrates� sentencing guidelines (which also apply to a District Judge sitting in the magistrates� court) I should think that the offence has certainly passed the custody threshold. This especially so if your ex has a long history as you say.

The offence is aggravated considerably by its �domestic� nature. If your ex has also pleaded guilty to Criminal Damage, there are two �Either Way� offences to be dealt with and as I said earlier, the maximum in a magistrates� court is 12 months. If the level of violence is as severe as you say I would not be surprised to see such a sentence imposed, or even for the matter to be sent to the Crown Court for a more severe penalty.