up for abh with intent whats going to happen?

[paul44]

hi all I in trouble again and not sure what to expect, This time i did do what i am accussed of i lost it and hit my girlfriend over and over in her body, basically she had cheated and i couldnt handle it and then she said she had seen him again and how good he was in bed and the normal stuff to hurt me but anyway, i don't remember much about it as i had drank a bottle of red wine and maybe i dont want to remember it or something but aparently i threatened her with a knife aswell. so i am up for abh with intent and asault for threatening her with a pair of plastic sissors. last year I was accused of holding knife to her throat which i didnt do and she withdrew statement so case was dropped, i have a previous asault conviction on her when she slept with another man 4 years ago. I was arested did a no comment interview incase she dropped statement for this case but pretty sure she wont now and to tell truth i dont blame her. I know i need help with my mental / emotional state but not sure if i am ever going to get that in prison? so any idea as to what will happen? last time i got 18 mnths probation for the assult and had to do idap course that i have to say has helped in past but obviously it didn't recently as i lost it.
I don't know what is going to happen or if i will go to prison and if so how long i will get? also i have no real idea what it is like in prison all i can think is a small cell full of blokes and urinating in bucket in the corner or somert with others in cell? do they offer real help in prison? can you study? i am really scared as dont know what is happening in my life anymore any help advice with thanks
paul

[Buenchico]

(2-part post):

Stage 1: A hearing in a Magistrates Court,where it will recognised that the law requires the case to be transferred to the Crown Court.
Stage 2: A few weeks wait and then a committal hearing in the Magistrates Court.
Stage 3: Several weeks (or possibly months) before the first Crown Court hearing.
Stage 4 , etc: Yet more procedural delays before anything much actually happens. If you've indicated that you will be pleading guilty, any relevant reports can be completed during this time). The whole procedure wil take at least 6 months, and more likely around a year.
It should be noted that, at each stage above the court will have to decide whether to continue bail. You could theoretically be 'banged up', on remand, at any stage but, given that you've obviously been given bail initially, you'll probably continue to get it.
Stage 5: You'll be sentenced in accordance with the new sentencing guidelines which are about to be introduced. They'll probably be fairly similar to the current ones. See page 13 here:
http://www.sentencing...person_accessible.pdf

[Buenchico]

The sentences shown there refer to a first-time offender convicted after a trial. An early guilty plea can see sentencing cut by one third but your previous conviction will probably cancel that out.

Expect a sentence of around 4 years imprisonment, with only half of that actually being 'inside'. Prison conditions vary greatly but 'slopping out' no longer happens. (All cells have flushing loos, but your cell-mate might be squatting on it while you're eating your meal immediately next to him). You'll initially be sent to a 'local' prison, with very few opportunities for treatment or education. When space becomes available in another prison (which might be after a few days or a few months) you'll be offered relevant courses.

Chris

[New Judge]

Just a point of pedantry, Chris. but possibly important from Paul’s point of view.

I do not believe there is an offence of “ABH with intent”. If the charge is GBH with intent (Section 18) this is indictable only and the process is slightly different. There is no committal hearing. Defendants are “Sent” to the Crown Court at the first hearing in the Magistrates’ Court.

Precisely what have you been charged with, paul?

[Buenchico]

Aaagh!

That's more than a point of pedanty, NJ!

I saw the 'with intent' and automatically took it to mean 'GBH with intent' since, as you state, there's no such charge as 'ABH with intent'. (I'm also pleased to hear that the old, pointless, committal hearings now seem to have been done away with).

Paul:
If the charge is 'GBH with intent', all of my post (except for the reference to the committal hearing) still stands.

If the charge is 'ABH' then it's an 'either way' offence, which means that the magistrates can deal with or (if they believe that their sentencing powers might not be great enough) they can pass the case to the Crown Court. The sentencing guidelines for 'ABH' are on page 17 of my link above.

As has been stated, the charge can't be 'ABH with intent' because no such charge exists.

Chris

[paul44]

so basically min 2 years upto 4 years it was abh on my sheet but a knife was mentioned tho i would never have used it ?

[Purple_Popple]

Is this your partner on here then too ?
http://www.theanswerb...w/Question888667.html Media URL: http://www.theanswerbank.co.uk/Law/Question888667.html
Description:

[New Judge]

There are still committal hearings for either way offences, Chris. However, they are only lengthy if the defence is maintaining that there is insufficient evidence to support the charge. Then the evidence is "read through" so the Bench can rule on that contention. Normally the committal hearing is very much a brief formality, although the committal papers have to be ready and served.

[Purple_Popple]

Me thinks this is wind up folks...

[chrissa1]

You could be right purple.

[Purple_Popple]

"confused" .com.....I hear it's going to be a glorious "sunsetter" tonight.... :)

[paul44]

yes that is purple and sorry to say this is no windup i am scared

[bednobs]

so, paul what have you actually been charged with?

[paul44]

it is ABH and also another charge for assault the week before
please believe this is not a wind up as i said i am really scared about the outcome.

[paul44]

I have just been relased from prison after being remanded for 20 days for harrasment though i am not sure why as we were sleeping together the week before but hey i broke my bail so my fault I guess, will this go against me at the trial? also what are the chances of the abh being dropped to asault as i don't totally agree with her story? ie never threatened her with knife, never stommped on her and never kicked her as she alledges? Also she has a condition like eppilepsi but its not it is a mental problem or something and most of her injuries were caused when i was outside when she had an eppisode though she now says she cant remember falling over also can I call on here mental and emotional background reports from doctors? also as has been noticed she addmitted on here and to the police last year i had not done what i was accussed of then? i have no intrest in her anymore as she is now sleeping with yet another man and i deserve better and i guess she deserves to be happy too.
Any thoughts and advice welcomed.

[paul44]

to add to the last statement, I just want this other and done with we will never be together again as i could never trust her and she wouldn't me and she has another bloke now anyway (well at least 1) anyway I just want toget this over and done with so I can get on with my life in piece without the hassle she brought to it for 6 years and maybe one day get my kids back as i think she will get worse. It is my belief she has border line personallity disorder but she don't want to change and if she don't the kids will keep being harmed by it and her violence . I know she loves the kids and as such i want them to stay with her as long as she is getting the help she needs and not subjecting them to more of what we had ie moods, shouting in front of them at me and them and violence on both sides, also don't want them having a different bloke in house every few weeks either. If she is going to look after them and only them and be helped i hope they stay with her. if not i will fight to get them out of there as soon as possible.