what are the chances of going to prison for an abh charge?

[bethan22]

My partner went to prison for a drug realated charge in april 2009 for 52 weeks. He was released on tag for 3 months after 3 months of being iside. A week after he came of tag he allegedly head-butted someone in the face. He peaded guilty in crown court and his sentancing is in september. He has got previous convictions for affray. I was just wondering what the chances are of him going to prioson again are and if so how long? Thanks

[Buenchico]

Assuming that the assault was not pre-meditated, and that it resulted in "in minor, non-permanent injury", the 'starting point' sentence for ABH is a 'high level' community order, with the judge being expected (other than in really exceptional circumstances) to pass a sentence between a 'medium level' community order and 6 months imprisonment.

However those sentences apply to a first-time offender, convicted after a trial. Judges are told to regard head-butting as an aggravating factor and previous convictions can push the sentencing range higher. Against that an early guilty plea can see a sentence cut by one third.

If the judge decides not to go outside the sentencing range I've referred to above, it's likely that he'll consider a 6 month sentence, reduced to 4 months because of your partner's guilty plea. So he'd actually spend 2 months 'banged up'.

However if the victim's injuries were more serious (e.g. a fractured cheekbone, requiring surgery), or if the judge decides that more weight needs to be given to your partner's previous offences, a sentence of 8 to 12 months (with half of that time being spent 'inside') might be more likely.

The chances of a non-cutodial sentence seem close to zero. Prison seems to be a near certainty, and it's unlikely that your partner would be considered eligible for 'tagging' a second time.

Chris