abh

[jockscottish]

would it be likely to get a suspended sentince if someone had been done for abh. and it was his first offence. i'm due to be made redundent from the army with a pension and a lump sum. if i was to get a suspended sentice i would lose the lot. do you think the court would take those factors into acount and that i've got a family with three kid, to witch i've got a three week old child. and that i would have �20.000 pound in debt to pay aswell.

[ummmm]

It depends on how bad the abh was and the circumstances in how it occurred and what judge you have. I know people who have got off with a fine.

[jake-the-peg]

Magistrates work from a "bench book" which gives them recommended actions and what are mitigating and aggrevating circumstances which they can use to adjust the sentence.

For Actual Bodily Harm it's 6months and/or a level 5 fine the guideline is of a custody sentence. ( This is for a first time offender pleading not guilty)

Examples of Mitigating factors are cases where there is minor injury, where there was provocation, and where a single blow was struck.

Examples of aggravating factors are cases involving kicking or biting, cases in a domestic environment, headbutting, premeditation where a weapon was used etc.

Given that prisons and custody centres are very overcrowded there's a good chance that they won't want to actually use an actual custody sentence if possible so in an average case I'd suspect a suspended sentence would be most likely.


You want to load the dice as much as possible in your favour - indications of genuine remorse are important, character witnesses etc. You'd probably want to make the court aware of your circumstances and the consequences of your receiving a suspended sentence.

All of these might tip the balance but I suspect the biggest thing will be how bad the actual offense is perceived to be

[seatrout]

The only thing I would add is that the court should not take your persoanal circumstances into account (although I suspect they often do) you should be sentenced only on the basis of the seriousness of the assault after consideration of aggravating and mitigating features. Having decided on sentence the court should then consider whether any credit can be given e.g. for an early guilty plea. Your solicitor will no doubt go on at length about how your family will be affected etc but that is really for your benefit rather than the courts

[seatrout]

I've just read your other post on this - you kicked someone in the face that is not self defence!

Keep up this pretence that it wasnt your fault and the court is likely to send you to prison and quite rightly.

Show some remorse for your victim and accept responsibility for what you did and you may get the imprisonment suspended

[jake-the-peg]

Ah, I see.

I assume unless you're a martial artist he was on the ground when you kicked him which means even if you have witnesses to say the first blow was self defense you can't expect to be able to say that you were defending yourself from a man lying on the ground.

If you plead not guilty due to self defense I think you'll almost certainly lose and miss out on any reduction due to an early guilty plea.

That's one aggravating factor, if you kicked him more than once that'll be worse. As seatrout says you need to show that it was impulsive, out of character and that you don't have a temper problem that makes you a danger to the general public. - Pleading self-defense won't do that.

One thing you could do is to write to the victim and appologise. An offer to pay some compensation can be seen as a serious display of remorse and accepting responsibility - (you might be ordered to pay compensation anyway of course) If you've offered to pay compensation as your means allow up front this might stand you in good stead and is less likely to be enforced by the baliffs as a court order might be.

Even if you don't do that I really would write and appologise and accept responsibility - it will only cost you pride and it might save you a lot