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Can I appeal sentence ?
My husband was found guilty of two counts of ABH.
After his last two assaults on myself resulted in my being hospitalised.
There had been a long history of domestic abuse but for various reasons I did not involve the Police for years.
( he was arrested and cautioned once before but I did not press charges)
After a wait of a few weeks since being found guilty in a magistrates court ( his option) , sentence was finally pronounced today.
Effectively he was given five months for EACH case of ABH, BUT has been told he will serve just one lot of five months in prison and 'IF' he re offends in the future THEN he will serve the other five months ?
As far as I am concerned if he has been found guilty of TWO counts of ABH, and it is considered serious enough to merit five months for EACH count , then WHY is he only serving half the sentence,the other half only to be served should he re offend ? Surely if he were to re offend then just give him another new sentence ( and more than five months ?) He should serve the sentences given now ?
I find this rediculous, it is like an offer at Tesco's , beat you wife up twice, and get the second one for free ! I was walking on sticks and had a broken nose for goodness sake !
Why defer half of the given sentence and only give it to him IF he is a very naughty boy again ? He has already had second chances ! He did not defer his fists ! It took years of attacks to even get to this point. Can I appeal ? as I do not feel this is justice,for me or the damage to my four children. SIngle mothers who have not paid their TV license fees have got longer in jail, I was abused for 14 years ! It seems to me that the victim gets less choice and less consideration all round in the legal system, it is wrong.
After his last two assaults on myself resulted in my being hospitalised.
There had been a long history of domestic abuse but for various reasons I did not involve the Police for years.
( he was arrested and cautioned once before but I did not press charges)
After a wait of a few weeks since being found guilty in a magistrates court ( his option) , sentence was finally pronounced today.
Effectively he was given five months for EACH case of ABH, BUT has been told he will serve just one lot of five months in prison and 'IF' he re offends in the future THEN he will serve the other five months ?
As far as I am concerned if he has been found guilty of TWO counts of ABH, and it is considered serious enough to merit five months for EACH count , then WHY is he only serving half the sentence,the other half only to be served should he re offend ? Surely if he were to re offend then just give him another new sentence ( and more than five months ?) He should serve the sentences given now ?
I find this rediculous, it is like an offer at Tesco's , beat you wife up twice, and get the second one for free ! I was walking on sticks and had a broken nose for goodness sake !
Why defer half of the given sentence and only give it to him IF he is a very naughty boy again ? He has already had second chances ! He did not defer his fists ! It took years of attacks to even get to this point. Can I appeal ? as I do not feel this is justice,for me or the damage to my four children. SIngle mothers who have not paid their TV license fees have got longer in jail, I was abused for 14 years ! It seems to me that the victim gets less choice and less consideration all round in the legal system, it is wrong.
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How horrible for you, maryval. I don't know if Chris's on tonight (Buenchico), but he's pretty good at coming up with answers to these type of things.
I've no idea of the law in cases like this, but was it a police prosecution? I'm sure there must be ways to appeal - unless you could take out a private prosecution yourself?
The best of luck to you anyway. I'm glad you've finally seen him in his true light.
I've no idea of the law in cases like this, but was it a police prosecution? I'm sure there must be ways to appeal - unless you could take out a private prosecution yourself?
The best of luck to you anyway. I'm glad you've finally seen him in his true light.
Or buildersmate. He/She is good at legal stuff.
Maybe you could take out a Civil Case for personal Injury?
I just had a look through the yellow pages and there are loads of ads for personal injury lawyers who deal with domestic violence.
Of course a civil case wouldnt put him in prison.
The other thing is, do you really want to waste a second more of your life fighting protracted legal battles?
Only keep fighting if it's really going to benefit you as well as punish him.
For example, If you took a civil case and won several thousand pounds worth of compensation, you might be able to use that to rebuild your life as well as put two fingers up to him?
Just a thought. Keep in touch and let us know what you decide!
Maybe you could take out a Civil Case for personal Injury?
I just had a look through the yellow pages and there are loads of ads for personal injury lawyers who deal with domestic violence.
Of course a civil case wouldnt put him in prison.
The other thing is, do you really want to waste a second more of your life fighting protracted legal battles?
Only keep fighting if it's really going to benefit you as well as punish him.
For example, If you took a civil case and won several thousand pounds worth of compensation, you might be able to use that to rebuild your life as well as put two fingers up to him?
Just a thought. Keep in touch and let us know what you decide!
Hi again maryval:
I remember your original post about this the other week.
Unfortunately, what has happened, i.e. convicted of 2 similar offences, sentenced on both, but actually only serving time on one, is common practice by Courts.
What obviously has happened is that he has been ordered to serve the sentences "concurrently" which is why it has been ordered as you have described.
Had the sentencing been "consecutively" he would have been given both terms, i.e. in this case 10 months instead of 5.
You may think at the moment that this is unjust, however, the other sentence has been left pending in the eventuality that he re-offends at a later date. It is, if you like, a sword of damocles hanging over him should he contemplate anything similar in the future.
The fact also that he chose trial at Magistrates Court instead of Crown Court automatically restricted the severity of the sentence which could be imposed. The higher Court has greater sentencing powers. At a guess, I would imagine that his solicitor pointed that out to him to help minimise the punishment.
You may have a right to appeal which is a matter to discuss with your solicitor or legal representative.
Were he to re-offend in the future, not only would he have to serve this remaining 5 months, but, on conviction, would also receive further punishment for that offence.
However, it would be again down to the discretion of the Court to decide how the sentences be served.
Hope this is of help.
I remember your original post about this the other week.
Unfortunately, what has happened, i.e. convicted of 2 similar offences, sentenced on both, but actually only serving time on one, is common practice by Courts.
What obviously has happened is that he has been ordered to serve the sentences "concurrently" which is why it has been ordered as you have described.
Had the sentencing been "consecutively" he would have been given both terms, i.e. in this case 10 months instead of 5.
You may think at the moment that this is unjust, however, the other sentence has been left pending in the eventuality that he re-offends at a later date. It is, if you like, a sword of damocles hanging over him should he contemplate anything similar in the future.
The fact also that he chose trial at Magistrates Court instead of Crown Court automatically restricted the severity of the sentence which could be imposed. The higher Court has greater sentencing powers. At a guess, I would imagine that his solicitor pointed that out to him to help minimise the punishment.
You may have a right to appeal which is a matter to discuss with your solicitor or legal representative.
Were he to re-offend in the future, not only would he have to serve this remaining 5 months, but, on conviction, would also receive further punishment for that offence.
However, it would be again down to the discretion of the Court to decide how the sentences be served.
Hope this is of help.
Thanks, Ice, Elvis and beanies ( very quick responses)
You all make good points.
As I have only just found out the news today I a a bit raw.
Perhaps tomorrow I can make enquiries ?
The Crown Curt prosecution Service took it to trial.
I was called as a witness for both counts, and my two eldest children were also video'd after the last attack and called as witnesses.
I have sent emails to the Domestic Abuse Unit and the witness care people to ask them if I can appeal, so I may hear back from them tomorrow ?
The point about compensation I had not even considered ?
My husband was out of work for work for years, but he does have some funds as when I put an injunction in place he went and took money out of a joint bank account !
Silly me.
Thanks for the words of support.
I feel like after many years I have finally woken up !
I could kick myself up my own bottom if I was flexible enough !
You all make good points.
As I have only just found out the news today I a a bit raw.
Perhaps tomorrow I can make enquiries ?
The Crown Curt prosecution Service took it to trial.
I was called as a witness for both counts, and my two eldest children were also video'd after the last attack and called as witnesses.
I have sent emails to the Domestic Abuse Unit and the witness care people to ask them if I can appeal, so I may hear back from them tomorrow ?
The point about compensation I had not even considered ?
My husband was out of work for work for years, but he does have some funds as when I put an injunction in place he went and took money out of a joint bank account !
Silly me.
Thanks for the words of support.
I feel like after many years I have finally woken up !
I could kick myself up my own bottom if I was flexible enough !
Hi yet again maryval:
I should also mention that Magistrates use a thing called "Sentencing Guidelines" to help them reach decisions as to what would be an "appropriate" sentence given all the facts. Sounds daft but it's almost the equivalent to a sort of tariff.
Your own legal team should have explained all this to you. If they didn't, then they were seriously lacking in their duty towards you.
Also, the negative side to appeals is that they do not happen overnight, plus there is no guarantee that yours would be successful, depressing though that sounds.
He would undoubtedly be a free man by the time any appeal was heard.
I should also mention that Magistrates use a thing called "Sentencing Guidelines" to help them reach decisions as to what would be an "appropriate" sentence given all the facts. Sounds daft but it's almost the equivalent to a sort of tariff.
Your own legal team should have explained all this to you. If they didn't, then they were seriously lacking in their duty towards you.
Also, the negative side to appeals is that they do not happen overnight, plus there is no guarantee that yours would be successful, depressing though that sounds.
He would undoubtedly be a free man by the time any appeal was heard.
I think you've been punished enough, so don't be too hard on yourself. In a few days you'll be in a better position to make decisions, but as you say, you must be feeling pretty raw at the moment.
I really hope you get somewhere with an appeal. If not, maybe hitting him in the pocket would provide some sort of cold comfort. You could even do both - you can have a civil and crimal case running concurrently.
If he has any assets at all, it might be worth looking into. Especially as you have two children to support.
Let us know how you get on with your investigations! Hugs xx
I really hope you get somewhere with an appeal. If not, maybe hitting him in the pocket would provide some sort of cold comfort. You could even do both - you can have a civil and crimal case running concurrently.
If he has any assets at all, it might be worth looking into. Especially as you have two children to support.
Let us know how you get on with your investigations! Hugs xx
It's all too easy to let these patterns drag on hun. I hope that the violence won't affect your children, because they don't deserve to be caught up in any of this. I don't know your circumstances, but I hope you can move away from the area where your husband is, and start afresh. Not all men are like this, and you deserve some peaceful time on your own, to prepare you for the future - which can be good again once the physical AND mental scars've healed. Hope you let us know how you get on.
Hi maryval:
Re the compensation, were you not told of the CICB scheme (Criminal Injuries Compensation Board).?
Whoever was dealing with your victim support side of things should definitely have set the wheels in motion or at least brought this to your notice.
It will cost you nothing to apply, whereas a civil claim would.
Re the compensation, were you not told of the CICB scheme (Criminal Injuries Compensation Board).?
Whoever was dealing with your victim support side of things should definitely have set the wheels in motion or at least brought this to your notice.
It will cost you nothing to apply, whereas a civil claim would.
Hello Paraffin
Well done for remembering my earlier posting !
Yes it does seem unjust from my point of view as it seems to me that for my husband to only serve one five months sentence when five months was given for BOTH offences, that it as if he is being punished for only ONE of the counts of ABH for which he was found guilty of ? Not both.
I felt the pain both times !...and too many more to even count before those.
I totally understand the 'theory' of as you say 'The Sword of Damacles' hanging over him should he be tempted to knock me senseless again, BUT surely that would be no more of a deterrent to him than the thought of another new and longer sentence ? surely that is not a proper argument, he could still serve the full current sentence and serve it consecutively not concurrently, after all I did not get all my injuries at once, they were meated out consecutively and every time I look at my nose I am reminded of the fact that he showed no leaniency ?
Thanks for explaining it to me, but as I stated it seems the victim has less choice and less consideration ?
My husband 'chose' the case to be heard at a Magistrates Court rather than a Crown Court because as you say it had been pointed out to him that the powers of sentencing would be more in his favour there.I was not given a choice?
BUT when I asked for the case to be heard in a specialist domestic abuse court I was told that that was not possible !
Why does no one consider the impact that an inadequate sentence will have on the victim who has had to find tremendous courage to see the whole process through?
Concurrent sentences should also not even be an option, what purpose do they serve the victim ? None.
Well done for remembering my earlier posting !
Yes it does seem unjust from my point of view as it seems to me that for my husband to only serve one five months sentence when five months was given for BOTH offences, that it as if he is being punished for only ONE of the counts of ABH for which he was found guilty of ? Not both.
I felt the pain both times !...and too many more to even count before those.
I totally understand the 'theory' of as you say 'The Sword of Damacles' hanging over him should he be tempted to knock me senseless again, BUT surely that would be no more of a deterrent to him than the thought of another new and longer sentence ? surely that is not a proper argument, he could still serve the full current sentence and serve it consecutively not concurrently, after all I did not get all my injuries at once, they were meated out consecutively and every time I look at my nose I am reminded of the fact that he showed no leaniency ?
Thanks for explaining it to me, but as I stated it seems the victim has less choice and less consideration ?
My husband 'chose' the case to be heard at a Magistrates Court rather than a Crown Court because as you say it had been pointed out to him that the powers of sentencing would be more in his favour there.I was not given a choice?
BUT when I asked for the case to be heard in a specialist domestic abuse court I was told that that was not possible !
Why does no one consider the impact that an inadequate sentence will have on the victim who has had to find tremendous courage to see the whole process through?
Concurrent sentences should also not even be an option, what purpose do they serve the victim ? None.
Hi Paraffin
It seems you may be the caped crusader of all things legal !
Glad to hear youv'e been so helpful to people.
My brain box is a bit weary and I am not sure I have fully taken in all that you have kindly told me ? it has been a long day and I have four children, so I think I may try to get some Zed's before morning or I will be two engines down ?!
I only had legal representation for the civil matter of putting an injunction in place that's all. And that was via the domestic abuse helpline.
I asked the police at the domestic abuse unit who were dealing with it all and they said I did not need to seek any for the criminal case. Basically it was the property of the Crown now and all I had to do was turn up on the day
with the two children who were to be witnesses, and on the day I would meet my prosecution Lawyer who was part of the CCPS.
No one has ever mentioned anything about compensation whatsoever.
I just gave statements when in hospital, and a victim impact statement that I wrote out a few days ago at 4am in the morning.
In it I described just a few attacks and said that I had even been suicidal at one point, I have recurring nightmares and I am a more nervous person than I was before and I have lost a lot of confidence, and that it had affected my health, I have a heart condition and it has affected my sleep a lot, hence being awake at nearly 3am !
I will read what you have suggested again in the morning and try to think it all through,thanks again !
It seems you may be the caped crusader of all things legal !
Glad to hear youv'e been so helpful to people.
My brain box is a bit weary and I am not sure I have fully taken in all that you have kindly told me ? it has been a long day and I have four children, so I think I may try to get some Zed's before morning or I will be two engines down ?!
I only had legal representation for the civil matter of putting an injunction in place that's all. And that was via the domestic abuse helpline.
I asked the police at the domestic abuse unit who were dealing with it all and they said I did not need to seek any for the criminal case. Basically it was the property of the Crown now and all I had to do was turn up on the day
with the two children who were to be witnesses, and on the day I would meet my prosecution Lawyer who was part of the CCPS.
No one has ever mentioned anything about compensation whatsoever.
I just gave statements when in hospital, and a victim impact statement that I wrote out a few days ago at 4am in the morning.
In it I described just a few attacks and said that I had even been suicidal at one point, I have recurring nightmares and I am a more nervous person than I was before and I have lost a lot of confidence, and that it had affected my health, I have a heart condition and it has affected my sleep a lot, hence being awake at nearly 3am !
I will read what you have suggested again in the morning and try to think it all through,thanks again !
To clarify an earlier point, the two terms could not be concurrent otherwise the second 5 month term would effectively not exist after the first 5 month term had been completed - the two terms would be treated as a single term since both occupy the same 5 month period.
They are also not consecutive since consecutive terms are treated as a single term - in this case it would be a term of 10 months.
The sentence is one of 5 months with 5 months suspended.
They are also not consecutive since consecutive terms are treated as a single term - in this case it would be a term of 10 months.
The sentence is one of 5 months with 5 months suspended.
Thanks Ice Maiden
Yes I think I will toddle off to bed now as I need to try to sleep even if my mind is whirring around.
Thanks to all that have responded and offered advice and explanations, if any follow this and I don't respond I will do so tomorrow.
Many thanks for encouraging remarks too...night night ! x
Yes I think I will toddle off to bed now as I need to try to sleep even if my mind is whirring around.
Thanks to all that have responded and offered advice and explanations, if any follow this and I don't respond I will do so tomorrow.
Many thanks for encouraging remarks too...night night ! x
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