ChatterBank71 mins ago
Abh & Magistrates Court
17 Answers
As I’ve posted before on here, just have a quick question
My ex has been charged with the above for strangling me and telling me he was going to kill me whilst doing it .... he also ripped out huge chucks of my hair
My ex has been charged with the above for strangling me and telling me he was going to kill me whilst doing it .... he also ripped out huge chucks of my hair
Answers
1 to 17 of 17
>>> Why has it not shown all my post Not a clue! . . . but simply post the rest of your question as an 'answer' here and we'll see it anyway.
21:37 Tue 19th Jun 2018
Anyway it’s going to the magistrates court for sentencing, he pleaded guilty, will he get a lesser sentence now ?
Will they look at the fact that he was drunk and this incident happened infront of our baby son ?
Will they take into consideration that he booked himself into rehabilitation ( he’s an alcoholic ) after the incident.
Will they also look at all his previous convictions ?
He attacked a previous partner six years ago and was sentenced, community service, 24 month suspended sentence & a fine
He was charged and sentenced with common assault and criminal damage last year, 12 months probation & a fine.
He broke a non molestation order twice and was tagged for a month in February
He was convicted of drink driving in May ( second offence after only having his license back 3 months ) got a 12 month suspended sentence, 5 year ban, probation & a fine.
There’s lost of evidence to my case, bruises to my neck and where my hair was ripped out ( photos) plus text messages to a mutual friend admitting that he attacked me.
The police have also helped me write an impact statement.
I’m just concerned and confused regarding the sentencing at a magistrates court - I was hoping he’d get what he deserves
Thanks
Will they look at the fact that he was drunk and this incident happened infront of our baby son ?
Will they take into consideration that he booked himself into rehabilitation ( he’s an alcoholic ) after the incident.
Will they also look at all his previous convictions ?
He attacked a previous partner six years ago and was sentenced, community service, 24 month suspended sentence & a fine
He was charged and sentenced with common assault and criminal damage last year, 12 months probation & a fine.
He broke a non molestation order twice and was tagged for a month in February
He was convicted of drink driving in May ( second offence after only having his license back 3 months ) got a 12 month suspended sentence, 5 year ban, probation & a fine.
There’s lost of evidence to my case, bruises to my neck and where my hair was ripped out ( photos) plus text messages to a mutual friend admitting that he attacked me.
The police have also helped me write an impact statement.
I’m just concerned and confused regarding the sentencing at a magistrates court - I was hoping he’d get what he deserves
Thanks
Nothing you've written there changes what I wrote on your original thread.
ABH in a 'domestic violence' situation increases the gravity of the offence. Previous convictions, especially for violence, are also likely to push sentencing higher.
However an early guilty plea results in a reduction in sentencing (of one third in the case of a custodial sentence), as can evidence of contrition (such as in seeking help for alcohol problems).
I took those factors into account when hazarding a guess at your ex's possible sentence previously. I stand by my guess of a sentence of around 32 weeks (which would actually mean 16 weeks of being 'banged up').
However nobody on here will have access to all of the information that the magistrates will have access to (such as reports from the probation service, and possibly from others), so there's bound to an element of guesswork in anything which we may write.
ABH in a 'domestic violence' situation increases the gravity of the offence. Previous convictions, especially for violence, are also likely to push sentencing higher.
However an early guilty plea results in a reduction in sentencing (of one third in the case of a custodial sentence), as can evidence of contrition (such as in seeking help for alcohol problems).
I took those factors into account when hazarding a guess at your ex's possible sentence previously. I stand by my guess of a sentence of around 32 weeks (which would actually mean 16 weeks of being 'banged up').
However nobody on here will have access to all of the information that the magistrates will have access to (such as reports from the probation service, and possibly from others), so there's bound to an element of guesswork in anything which we may write.
Just a couple of points of order:
“I stand by my guess of a sentence of around 32 weeks (which would actually mean 16 weeks of being 'banged up').”
If he is being sentenced in the Magistrates’ Court, ‘chico, the maximum they can impose is six months. For an early guilty plea this must be reduced by a third so four months is the maximum (half that being served inside). However, since this is an “either way” offence, when they outlined their sentence at the original hearing (before probation reports were prepared) they must state whether they had ruled out sending the matter to Crown Court for sentence. If so, they are constrained as above. If they left CC open as an option they could impose their maximum of six months and make their allowance for the guilty plea by saying they would have sent the matter to Crown Court but for the guilty plea. It is a practice not much liked my many Magistrates’ Legal Advisors, but it can be done.
“He was convicted of drink driving in May ( second offence after only having his license back 3 months ) got a 12 month suspended sentence, 5 year ban, probation & a fine.”
I assume you mean a prison sentence suspended for 12 months. The maximum sentence for excess alcohol is six months. And on that same matter:
“(i) the court will decide not to trigger the custodial offence for drink driving (as the more recent offences are unrelated, other than through the effects of alcohol)”
I would disagree. Magistrates have guidance (which has been reinforced in the last few months) that suspended sentences should be activated unless, in all the circumstances, it is manifestly unjust to do so. There is no requirement for the offences to be related and in fact when suspended sentences are handed down the defendant is warned that ANY offence (certainly any that can attract custody) committed in the suspension period will almost certainly see the suspended sentence activated. The difficulty the court will face is that if they do activate the suspended sentence, whatever its length will count towards their six month maximum. Unless two or more "either way" offences are involved (and they are not here) they cannot impose consecutive sentences which exceed six months.
“I stand by my guess of a sentence of around 32 weeks (which would actually mean 16 weeks of being 'banged up').”
If he is being sentenced in the Magistrates’ Court, ‘chico, the maximum they can impose is six months. For an early guilty plea this must be reduced by a third so four months is the maximum (half that being served inside). However, since this is an “either way” offence, when they outlined their sentence at the original hearing (before probation reports were prepared) they must state whether they had ruled out sending the matter to Crown Court for sentence. If so, they are constrained as above. If they left CC open as an option they could impose their maximum of six months and make their allowance for the guilty plea by saying they would have sent the matter to Crown Court but for the guilty plea. It is a practice not much liked my many Magistrates’ Legal Advisors, but it can be done.
“He was convicted of drink driving in May ( second offence after only having his license back 3 months ) got a 12 month suspended sentence, 5 year ban, probation & a fine.”
I assume you mean a prison sentence suspended for 12 months. The maximum sentence for excess alcohol is six months. And on that same matter:
“(i) the court will decide not to trigger the custodial offence for drink driving (as the more recent offences are unrelated, other than through the effects of alcohol)”
I would disagree. Magistrates have guidance (which has been reinforced in the last few months) that suspended sentences should be activated unless, in all the circumstances, it is manifestly unjust to do so. There is no requirement for the offences to be related and in fact when suspended sentences are handed down the defendant is warned that ANY offence (certainly any that can attract custody) committed in the suspension period will almost certainly see the suspended sentence activated. The difficulty the court will face is that if they do activate the suspended sentence, whatever its length will count towards their six month maximum. Unless two or more "either way" offences are involved (and they are not here) they cannot impose consecutive sentences which exceed six months.
Thank you both for your responses
I definitely think with his drink driving there was other offences involved whilst driving under the influence of alcohol- he told me he was only 1x over the limit and he is a compulsive liar tbh. I thought the five year ban and 12 month suspended sentence was harsh, but there’s probably more to it than he told me !!
It certainly looks like justice isn’t going to be served in my case as he almost killed me
I definitely think with his drink driving there was other offences involved whilst driving under the influence of alcohol- he told me he was only 1x over the limit and he is a compulsive liar tbh. I thought the five year ban and 12 month suspended sentence was harsh, but there’s probably more to it than he told me !!
It certainly looks like justice isn’t going to be served in my case as he almost killed me
If he was only 1x over the limit he would not have received a suspended prison sentence. Custody is not considered until a level of about 3.5 times the limit is reached. And once again, the suspended sentence (i.e. the period he would serve if it was activated) cannot be more than six months. The 12 months would be the period for which it was suspended (i.e. the time during which it would be activated if he reoffends).
I’m really unsure whether to attend the trial or not on 26th, I have never been to court before, what’s your opinions ?
I have also given in further evidence of abusive threatening text messages & voicemails constant harassment phone calls, which I use to receive, the police said that this will show the magistrates what type of person he is ....
I’m trying my best to get the best conviction for justice due to the pain and suffering this man has caused me !
A friend has told me he’s already on a dating site looking for his next victim and a mutual friend has told me he already has a new partner.... the police are aware as he’s a danger to women and their families
I have also given in further evidence of abusive threatening text messages & voicemails constant harassment phone calls, which I use to receive, the police said that this will show the magistrates what type of person he is ....
I’m trying my best to get the best conviction for justice due to the pain and suffering this man has caused me !
A friend has told me he’s already on a dating site looking for his next victim and a mutual friend has told me he already has a new partner.... the police are aware as he’s a danger to women and their families
The 26th is coming round too fast !!! Thank you everyone for your support and answering my questions... I’ve decided I’m going to go and watch him be sentenced ( taking a friend with me )
Btw he was sentenced with ABH when he assaulted and strangled his ex girlfriend.
I’ve also given the police further evidence of threatening text messages, voicemails and harassment calls ( 279 calls in one day )... they said it will let the magistrate know what type of person he is and will probably be used as an aggravating factor pushing his sentence up further ... let’s hope so !
Btw he was sentenced with ABH when he assaulted and strangled his ex girlfriend.
I’ve also given the police further evidence of threatening text messages, voicemails and harassment calls ( 279 calls in one day )... they said it will let the magistrate know what type of person he is and will probably be used as an aggravating factor pushing his sentence up further ... let’s hope so !
It went to magistrates yesterday, everyone was fantastic !
The suspended sentence was for 12 months and more previous convictions for assault came out which I knew nothing about!!
It’s now been referred to Crown Court for sentencing as the magistrates said his powers of sentencing of only 26 weeks was not sufficient and the suspended sentence needs to be activated fully.
The CPS stated that the assault was very vicious and should have never gone to magistrates in the first place.
The probation wrote a fantastic report and suggested a custodial sentence was appropriate in this case.
He has been now remarded in custody till sentencing at the Crown Court, the probation officer said that he was a high risk to the victim and general public.
I slept last night fully for the first time in months
The suspended sentence was for 12 months and more previous convictions for assault came out which I knew nothing about!!
It’s now been referred to Crown Court for sentencing as the magistrates said his powers of sentencing of only 26 weeks was not sufficient and the suspended sentence needs to be activated fully.
The CPS stated that the assault was very vicious and should have never gone to magistrates in the first place.
The probation wrote a fantastic report and suggested a custodial sentence was appropriate in this case.
He has been now remarded in custody till sentencing at the Crown Court, the probation officer said that he was a high risk to the victim and general public.
I slept last night fully for the first time in months
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