ABH Charges.. The Probable Outcome?

[boo_8013]

I am due in court next week. It's a rather distressing time and would like some advice on sentencing. I was out a few weeks back and was being provoked all night by the same guy, we have a history of disagreements but it never resulted to violence before, after a few drinks I finally lost my temper. I saw the guy leave the bar, walked up to him, pushed him and struck him several times in the face causing him to have one stitch and a few bruises. I've pleaded guilty from the day i was held in custody. There is also CCTV footage of the assault. I do have previous convictions on my record but it's mainly juvenile, or family related. I've never been to prison, the most punishment I have is 1 years supervision order. Can anyone advise me?

[ummmm]

Magistrates court?

[boo_8013]

Sorry, yes Magistrates.

[joeluke]

'Can anyone advise me?'

Try controlling your temper in future?

[ummmm]

And who put you in a position to judge Joe?

I know people who have got off with a fine or community service for the same charge. Maximum magistrates can sentence is 6 months.

[exdc]

Assault guidelines come into effect 13 June 2011

[exdc]

Hi Boo

Sorry forgot links:

Oops

http://sentencingcouncil.judiciary.gov.uk/

Then read: (start at page 12)

http://sentencingcoun...ine_-_Crown_Court.pdf

Note the part regarding sentencing discounts for early guilty plea etc

[boo_8013]

Thank you, I've been reading all sorts on the internet about it. Do you reckon it's 50/50 chances of being sent down then? Will they consider it the same as a male assaulting another male? Does it make much difference?

[boo_8013]

Thank you all for your answers, you've been very helpful. =)

[New Judge]

Just to clarify a little what 10ClarionSt has said.

Your plea does not determine whether you are dealt with in the magistrates’ court or not. ABH is an “either way” offence and where you are ultimately dealt with depends on the seriousness of the offence.

You are currently in the magistrates’ court because all criminal prosecutions (from speeding to murder) begin their passage there. If you plead guilty the magistrates proceed to sentence and among their options is to commit the case to the Crown Court for sentence if they believe their powers of sentence (maximum six month’s immediate custody or suspended sentence) are insufficient.

If you pleaded not guilty the magistrates would hear the facts from the prosecution and they would decide whether to retain jurisdiction or commit the matter to the Crown Court for trial by judge and jury. If they retain jurisdiction you have the right to elect trial by jury (but note that you do not have the right to trial in the Magistrates’ court if they decline jurisdiction).

Magistrates’ sentencing guidelines determine whether the matter goes to Crown Court (either for trial or sentence). See page 11 of this document (which is the new guideline document to which exdc refers):

http://sentencingcoun...ine_-_Crown_Court.pdf

[exdc]

Sorry, start at page11 (thanks NJ)