Likely Sentence for ABH and Affray

[scaredstiff]

I am due for sentencing at the Crown Courts for the ABH and Affray. I have since attended a meeting with The Probation Service for purposes of preparing a Pre Sentencing Report. The officer indicated that a custodial sentence is not what they would recommend however the presence of a weapon(knife) would force recommendation of a custodial sentence.

I conveyed my genuine and sincere remorse for the incident, fully taking responsiblity of my drunken actions despite being provoked and I pleaded guilty at the earliest opportunity. The reason i did this was because i retaliated by using threatening behaviour (with a knife) after i had been attacked with an object and had my property damaged. Within the commotion a third person was accidentally hurt (victim states this in the witness statement) with superficial cuts that required treatment and secondly i do not advocate violent behaviour no matter the circumstances.

I have previously come into contact with the legal system - a caution 2 years ago for battery (drink related incident) and drink driving offences almost 8 years ago.
I have obtained charater references from community persons, my employers and family pleading to the effect that my taking part in the serious incident is out of charater and was due to pure drunkeness.

My legal advisors and representative (barrister) strongly advise me to expect and prepare for a custodial sentence. This obviously causes a great of turmoil to me and my family however i am coming to terms with this as i believe every crime should be punished.

My question is how long should i expect to be incarcerated? It seems my research is failing to provide me answers so i am asking for your thoughts..thank you

[squarebear]

Where did you get the knife from? Did you go out with it?

[scaredstiff]

Squarebear - no i did not go out with knife. i got the knife from the kitchen.

[ummmm]

My cousin got 4 months for ABH...no weapon involved. His mate who was also involved in the brawl got 13 months. They were in court separately so it goes to show that it depends on the judge.

[scaredstiff]

ummmm .... thank you for your time. I am having difficulties interpreting the Sentencing Guidelines and it's starting points (as i have not gone through a trial). However, based on your cousin and his mate's outcome and other cases i have read(though not similar to mine), i am preparing my family for the maximum which i last read to be 4 years, however, i am hoping to seek permission to implore the judge to show leniency (not for me but for my family). Thanks again for your time

[ummmm]

Good luck...

It's really hard to tell which way it will go. I know a young lad that got stabbed, they twisted the knife and the blade was left inside him. His attacker got two years...

[scaredstiff]

Thank you Ummmm......We need all the luck we can get. This case has just come to show me how supportive family and various members of society can be when we fail them.

My humble obsevations of the UK Legal System are that it is very complex and sometimes inconsistent, especially where sentencing is concerned.

I suppose there are a number of variables that are being considered by all learned persons within the system, whereby a layperson such as I, just does not have the training nor ability to fathom.
However, i do hope that the legal system continues it's emphasis on caring for victims and other occupants of our greater society affected by offenders of any degree.

I am not sure if "justice" was served for the lad you refer to but It is my hope he is now fully recovered from what must have been a traumatising life threatening experience and hopefully the offender was rehabilitated through paying his debt to his victim and to the society at large.

[scaredstiff]

Eddie51 ..... thank you for your time taken to provide me with your valuable input. I hope New Judge may also provide so thoughts...thank you once again

[jno]

I'm not having a go at you, but it looks as if all your legal problems relate to drink. Please do try to address this; I know alcohol gives pleasure, but it seems to me it's bringing you even more grief (as well as injuring others).

[scaredstiff]

jno..... thank you for your time and much welcomed and wise contribution. I will diligently take heed..thank you once again

[eyethenkyew]

Rather than trying to guess what your punishment might be, because every case is different for a multitude of reasons, my advice to you is simply to be humble in court, dress smartly, be polite, do not argue, and if your representative advises you to give evidence, do not be evasive with your answers, do not waffle, keep your responses relevant and measured.

Don't forget, magistrates, or judges and juries, are all human beings as well, and will sometimes react to the way a defendant conducts him/herself on the day. Don't try to put on an act, but be as natural as possible, and then hope for the best.

[scaredstiff]

eyethenkyew ...... much appreciated thank you

[scaredstiff]

wyzard66 ..... thank you very much for the website.i had no idea there was this resource available. Yes, i am very much terrified of prison. I just hope i come out really as the stories i hear are far from the picture that is being painted by many sectors of the media etc.
Just out of interest and if you do not mind sharing, having recieved 8 months, did you actually serve the full term or was this narrowed down to 4 months in real terms?

[scaredstiff]

:-)

[tastymorsel]

wyzard sounds like my kind of guy