Criminal Damage In A Domestic Situation. - Complex Situation

[richard61979]

Hello I’m looking for some advice on a likely sentence.
It’s very hard to explain but here goes.
I was out one night drinking and called my ex telling her I was coming over to see my baby whom I had not seen since birth as she had told me that I could not which I had honoured until then(apparently social services said she was not allowed to see me due to another incident described below).
I decided being drunk I was going there and was determined. She said no and when I got there it was late at night. I started knocking but as I got no response I became angry started shouting through the letter box and eventually started kicking on the door with the boot of my foot and shouted apparently “i’m going to f*** you up through the letter box. I had given up was in my way out of the building(I had not forced the door open) and the police arrived arrested me and I was charged with criminal damage.
In my ex’s statement she says “I was frightened as he previously tried to strangle me” 2 years prior when we were together there was an incident when she called the police as I put my hands around her throat (I wasn’t trying to strangle or actually hurt her I guess it was threatening behaviour) now this is where it gets messy. Her son of 18 months by another man was living with us at the time and when the police arrived they took him into care as the place was absolutely filthy (in my defence I was depressed and ill at the time and constantly telling her to leave and take her son as I knew it was wrong) although she never got her son back she still sees him and after court proceedings was allowed to keep our baby the one I was desperate to see.” We were both cautioned that night for child neglect and I was cautioned for common assault.
Now the charge against me is criminal damage and there is an estimate of about £69 of damage to the door.
At my pre sentence interview I was remorseful for my actions(which I truly am) however I had to explain all the above. They hinted they were going to suggest community work and a domestic violence course and they also mentioned they would contact social services re: the above. Now my question is how much of a consideration will they take the 2 cautions I have into account when sentencing next week? I have been reading sentencing guidelines and am aware criminal damage is more serious to magistrates in a domestic setting with a child, late at night when I have been drinking?

[ummmm]

I doubt you'll go to prison but I also doubt you'll get to see your baby because of your actions.

[sara3]

I believe your cautions will be considered for sentencing purposes as they are "like" offences.

I would suggest that you get help with your alcohol issues, amongst others.

although the theme from Jackanory is running through my head.

[richard61979]

Thanks, I do not have any Alcohol Issues, this was a one off.

[sara3]

you were drunk when this happened. the court may have a similar view to mine..

[ummmm]

Were you drunk when you put your hands round her throat?

[New Judge]

No sara, cautions should not be taken into account when sentencing. Only convictions should be and if magistrates announce that they have taken cautions as an aggravating factor and it substantially alters their sentence it could provide grounds for an appeal against that sentence.

Magistrates will usually follow recommendations of a pre-sentence report (unless they are manifestly unjust, out of line with sentencing guidelines or considerably at odds with the sentence the Bench said it has in mind when ordering the report). So, richard, if that is the report's recommendations you can expect to be ordered to undertake some unpaid work and a programme to address domestic violence or anger management issues. You can also expect to pay prosecution costs (about £80 if you pleaded guilty), probably compensation for repairs to the door and a victim surcharge (£60 if you receive a community order).

[stubbings]

Hi Richard

In these sort of situations, there are three things you need to do :-

1.Accept responsibility for your own actions - eg not blaming the drink for your behaviour / not blaming your ex for the neglect, etc.

2. Understand why you behaved this way, and decide what your priorities are - eg getting back at ex / avoiding prison.... or being a positive influence & role model in your baby's life.

3. Have a clear plan for how you are going to avoid repeating this behaviour and convince Social Services (and the Court ?) that you can put the plan into action.

It sounds like you will need outside help to do these things and verify if there is a genuine change in your attitude, rather than just you paying lip service for your own ends.

It will not be easy and require will humility & persistence, but I certainly know men who have turned things round for their own and their children's sake.

There are plenty services to help, but you have to do some big thinking about where your priorities lie.

Recognising you have a problem is the first step - I wish you all the very best !

R