ABH charge on a suspended sentence???

[kimntal]

Hi just wondering if someone could give me a little advice??

My partner and I recently split up and he moved into a night shelter whilst he found other accommodation. One night whilst trying to sleep a group of drunken, noisy students began to hurl abuse up at the window.After warning them a few times he lost his temper and smashed their door down and assaulted 3 of them. When the police came he knocked an officer out and then later when he was in the cells he tried to harm himself. When officers came in to stop him he bit one of them. They needed hospital treatment. Subsequently he has been charged with 4 counts of ABH, 2 Criminal damage and 1 Common assault. 2 of the ABH are for the assaults on the PC's. He is also 8 months into a 9 month suspended sentence also for ABH.

I know he will be away for a while. He was remanded straight after the offense. I was just wondering if anyone would have any idea of what the best/worst case scenario is??How many years??

Thanks

[kimntal]

is that a guess?

[ELVIS68]

Knocking a copper out and then biting one, that`s after assaulting 3 people?

I`d say nearer 5 years

[kimntal]

are these just guesses or actually based on prior knowledge? I'm greatful of your input but we have a 1 year old daughter so the thought of him being away for 5 years kills me!!

[dh001]

Has a legal rep given any guidance on likely outcome and sentencing?.

The one thing in your favour is that sentencing has got far to weak nowadays, even in such circumstances where the defendant is already on a suspended sentence.

[ummmm]

My friend got 18 months (not sure if it was ABH or GBH) after getting into a fight with one person.

[kimntal]

No the solicitor still hasn't managed to talk to him about the incidents of that night as he was 'violent' in the cell they wouldn't let him in their. He hasn't been formally interviewed for the same reason so...charged without interview. His solicitor says this is very unusual. As he was acting so erratically after his arrest they got the mental health team out. One doctor said he should have been sectioned under the mental health act and another disagreed ( i think he should have been).

I'm going to visit him today (very nervous).Hopefully I can get some more info then.

Thank you

[another-view]

Why did he assault the police officer? He knocked him unconcious??

Sorry to say, he is looking at at least 5 years here. No offence but I think he would be a bad influence on your daughter. He sounds a bit of a head case.

[MarkRae]

I agree. There's no longer the possibility of a reduction for first offence, and judges ALWAYS take a very dim view of assaults against the police.

I'd say between three and five years, but you should definitely expect the worst. Of course, a five year sentence would mean release in around half that so long as he kept his nose clean inside. But that doesn't sound too likely, does it...?

[kimntal]

with all due respect i don't really think you have to be offensive about him!! He knocked the officer out because he kicked him in the ribs. He was also beaten up in the cells but hey how are we gonna prove that??? He's the father of my child and despite this he is a very good father!!!!Please don't judge him or us for what he has done! He is 35 and has never been in prison before I think there are a lot worse than him!!

[dh001]

Its not unusual to charge without interview in these circumstances, particullarly in an assault case such as this as there there would already be sufficient evidence to charge anyway. The protocol is to still ask the relevant questions through the cell door while the evidenctial tapes are recording so that inferences could be allowed in court should the accused answer 'no-comment' etc, however, if the mental health aspect was considered along with violence and further risk then this would be acceptable to just charge as in this case.

Kim, how do you know he was beaten up in the cells if you have not spoken to him? Also, you say this behaviour was out of character but I am mindful he is on a suspended sentence for violence alread

[dh001]

cont..

(already).

It is difficult nowadays to give accurate sentencing guidance as the courts are very inconsistant at the mo. You accept that a custodial sentence is very likely but bear in mind he is on remand and this will further reduce time on sentence etc.

At Crown Court he will have proper legal representation at Barrister level so just hang in there and be guided by them.

[kimntal]

I have spoken to him he phoned me as soon as it happened, i heard him being arrested. Then he called me when he was remanded. I also spoke to his solicitor who said basically we know this sort of thing goes on but how do we prove it??

And the previous offense was racially aggravated. I'm not justifying his behavior at all but i just dont want people to think he's some sort of stupid thug!! He used to work for Thames valley police as an arrest referral officer himself!!

[Dee Sa]

with a temper like that thank your lucky stars you have split up from him.Dont have him back because you feel sorry for him, he is responsible for his actions.

[kimntal]

uuummm well i'm getting back with him but that is totally besides the point! There are alot of contributing factors!!