Abh Charge

[Thegreybox25]

Long story short.
My partner went into the restaurant I was working in and assaulted a man with a frying pan.
He got arrested and put on bail, they took swabs, his clothing etc and a few months later took him off bail and since then hes been under investigation. This was almost 2 years ago. He never gave a statement (no commented). Police have had him go into the police station a few times to sign forms and take pictures but nothing much has been heard. Hes sure that he'll have a prison sentence (has a record of abh from 7 years ago but nothing since)

What do you think the likely outcome would be?

[Buenchico]

I've been reading (and occasionally writing) court reports for around half a century and, based upon the limited information in your post, I would think that a prison sentence is unlikely.

However there are lots of factors which a court would have to take into account which are unknown to us. For example a single blow would be regarded far less seriously than a sustained assault and a level of injury only just that of 'common assault' (such as a minor abrasion) would be regarded as far less serious than one which fell only just below that required for a 'GBH' charge. Similarly, if your partner went to the restaurant with the specific intention of attacking his victim, rather than simply acting spontaneously, that would be regarded as making the offence more serious.

See pages 177 to 180 here to read exactly what the magistrates will have in front of them when determining the appropriate sentence:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf
Remember though that custodial sentences of up to two years can be suspended, so even if the court does pass a custodial sentence your partner wouldn't automatically go straight to prison.

From what little information we have though, I'd think that the very worst outcome might be 4 months immediate custody (which actually only leads to 2 months 'banged up' anyway) but I think that a sentence avoiding immediate custody is far more likely.

[Buenchico]

^^^ Minor typo. (Missing word)

" . . . and a level of injury only just above that of 'common assault' . . .

[Peter Pedant]

from my little book of naughtiness:
6 months max in a magistrates court and up to 5 y in a crown court

triable either way and they havent decided where to put it have they? or have they? I have re read your script - has he been charged ? if he hasnt been charged, then a charging decision hasnt been made and it might still not go to court. As in you have to wait and see. Once he gets charged you need to see a lawyer as soon as poss as he seems 'to have done it' and an early guilty plea with time off for early plea may be the best way out

anyway wait - I cant find out anything about time from offence to trial. Thirty years ago for GBH it was less than 60d but anything like that now is piffle.

[unlike chris I have never been inside a criminal court. oops yes I have ! I tried to plead the sheep consented (joke)]

[New Judge]

Has he actually been charged? Two years is an excessively long time to investigate what seems like a straightforward allegation.

If he has been charged, what injuries resulted? If not, best wait until he has.

[Thegreybox25]

Sorry for the late reply.
Hes been charged for ABH and theft (took a phone as victim was calling for others to come but gave it to the police when they arrived) because there was no evidence and no witnesses apart from 2 people they had to release him under investigation. Which means in May he would of been under investigation for 2 years. Hes been called up to the station a few times to give a statement but he just always no comments. Hes planning on pleading guilty

[TheDevil]

I wouldn't plead guilty to theft if what I was actually doing was self defence so a load of nutters didn't rock up in a 4x4 with a baseball bat.

I have no legal knowledge though.

[Barmaid]

I don't know if NJ can clarify but isn't it possible that if the injuries are only marginally into abh territory then there is an abuse of process argument since otherwise there is a 6 month time limit on common assault?

[Barmaid]

Altho I'm not sure from the OP when he was charged.

[New Judge]

I'd think that the very worst outcome might be 4 months immediate custody (which actually only leads to 2 months 'banged up' anyway)

Only one month, actually, Chris. Most of those sentenced to between three months and four years are eligible for “Home Detention Curfew”. Those sentenced to eighteen months or less are eligible for release when one quarter of the sentence has been served (subject to a minimum of 28 days).

//I don't know if NJ can clarify but isn't it possible that if the injuries are only marginally into abh territory then there is an abuse of process argument since otherwise there is a 6 month time limit on common assault?//

That’s not really a runner, BM. He has, it seems, been charged with ABH. If he offers to plead guilty to Common Assault and the CPS accepts his offer, that will only be on the condition that he does not argue the toss over the six month limit. If he argues over that they will simply continue with the ABH charge.