Burglary with Intent to Cause GBH

[matt_hardy]

Hello,

My partner left her ex six months ago after being in the relationship for 12 years. Around three weeks after she left, to collect her house keys, he drove across to her friends house where she was staying at the time and hit her across her face causing a burst ear drum. He received six months probation for this (ABH charge).

Two weeks after this incident, he broke into my house 3am in the morning when we were both asleep, picked up an old hi-fi outside our bedroom door and smashed it off my head whilst I was asleep, causing a 1" cut at the back of my bed. He continued to punch me and tried to strangle me causing various bruises and scars. My partner ran downstairs to call the police and I managed to struggle free. I kept him behind the door and he said "i've done what I come to do, now let me go", I managed to keep him behind the door for another 5 mins but he forced himself through the door, then continued to assault me. I ran out of the house when the police just turned up, he got in his car and drove off and was caught around four hours later.

He is due to be sentenced next week, the first being burglary with intent to cause GBH, and ABH (being my injuries). His only previous was the attack on his ex partner for ABH. He has got two children, one 17/18 and the other 25 with a newly born grandchild and runs a shop (partnership) with another person (i say this because it may reduce his sentence).

When sentenced for the ABH assault against my partner, he posted a message on facebook saying that he loves the justice system (after receiving a petty 6 month probation order), and the judge might well have said "off you go son, live long and prosper". I've passed these messages in a letter to the prosecuting team who are looking into it.

Would anyone have an idea of what sentence he will receive?

Thanks

[wizard]

Hi Matt,

Sorry to hear of the troubles you have had with your partners ex, particularly given the nature of his alleged crime.

One thing to take comfort from this situation is the seriousness of the crime and he is looking at a maximum of 14 years in prison.

Without looking at the case notes and hearing any defence it's hard to predict what sentence he will receive, however, his previous conviction will be taken into consideration. The fact that he has two children shouldn't affect the sentencing as they are both of legal independence. If I was to guess, I wouldn't expect him to get anything more than 5 years and realistically he'll probably get 2 years.

Hope this helps.

[matt_hardy]

To be honest, as long as he spends a little time "inside" that will be good enough for me. I have been informed that his stupid comments on facebook will be presented to the judge so hopefully that will wind them up enough to issue a severe punishment.

My worries are that he will get a suspended sentence with a community order. Do you think this would be likely or do you think custodial would be more reality?

Thanks

[wintermute82]

As Wizard says the Judge will take a plethora of factors in to account when sentencing. You can search the belwo database to see what sentences were passed for similar offences in similar circumstances. You can even search for the specific Judge or Court and see their sentencing history. This should give you some kind of idea.

http://www.thelawpage...ase-search.php?mode=2

At the end of the day it really does come down to the specifics of the case and the Judge on the day.

[matt_hardy]

He got 18 months custodial in the end, the charges were reduced to ABH for some reason?

All good news anyway :o)