will he go to prison

[becky1981]

my boyfriend is due in crown court for ABH, it was all in self defence after he was attacked by a man and a bottle,knife and monkey wrench(just the other bloke ended up worse off and nearly went into a coma) but all the police around here do not like my boyfriend and have not taken statements from witnesses that will tell the truth just witnesses that would lie to get my boyfriend put away also there is a very long past of trouble with the bloke and my boyfriend and his family (all recorded by the police),his solictor has put a complaint in to the chief of police about the witness thing. He has already pleaded not guilty, he is being charged with ABH and battery? what do you think the likely outcome will be? will he escape a custodial sentance? he also has a bit of a record for affray and assault!

[boro1986]

Your BF sounds like a really nice bloke!!!!!! The fight he got into what was that over as i dont think anyone carries all that stuff unless they are looking for someone so maybe drugs/illegal activities. For ABH i think he will get a custodial sentence but then again the prisons are full so is he a danger to the public? After nearly putting someone in a coma and previous for assault ill let u decide

[becky1981]

The bloke that he beat up is a psycho who is always on drugs, cocaine mainly i think and he was after my boyfriends brother but he saw my bf at the cashpoint and knew that his brother would get involved if he started on my bf. He was with another man aswell so 2 men starting on one man with weapons isnt fair at all, so really he deserved everything he got, just dont think he was expecting it to go wrong for him.
In one statement that has actually been recorded by police it said that the bloke was bouncing round like a boxer looking for a fight, the bloke that did it and had the weapons is known by the police for carrying weapons and im sure he has been done before for attacking someone around the head with some kind of steel bar, he is also being watched by police for drugs and im sure my bfs solicitor said that he will get done after my bf has been done. its a really complicated thing and i just wanted to know the likeliness of a custodial sentance as it is tommorow (thurs 1st feb) when he goes to court. It really was self defence even though he has a record and i know that will be brought up its just that was history and this is now. I am pretty sure it will be a custodial sentance and he thinks so too but hopefully as the prisons are overcrowded he may get off.

[boro1986]

A agree with what you are saying becky i cannot understand how you BF actuallt took on these 2 thugs armed with weapons. I can fight but even i am sure i would have goe beaten up. ABH is a jailable offence but he may get community service or a suspended sentence maybe

[becky1981]

his brother jumped in to help, but his bro isnt up for abh just some kind of battery charge. (although today his bro has been carted off by the police for perverting the course of justice....not sure what exactly????????) oh its not looking good,his bro is also in court tommorow for his battery charge.
a year or so ago he nearly got put away for some kind of assault then but got off with just a suspended sentence and some community service (not too sure as i wasnt with him at the time)
Thanks for your thoughts, i will post the outcome and see how your views faired....fingers crossed for tommorow
aaaaagggghhhhhhhh

[boro1986]

If he already had a suspended sentence and community service im afraid it doesnt look good

[joko]

sorry but i think your boyfriend is not being entirely truthful with you.

why, if they were after his brother, would they attack him, just so his brother would get involved - the his brother is there too?

guys don't tend to go out looking for a certain person, all tooled up with weapons that can kill, without a reason.

these guys all sound like violent thugs, and i would think they will get a custodial...i certainly hope so.

[jake-the-peg]

This all sounds a bit complicated but let me see if I can help here.

If somebody is attacked they are entitled to defend themselves they are not entitled to beat them up - no matter who started it.

If somebody swings at me with a bottle, i'm entitled to stop it and hit him in order to stop him attacking me. If he goes don the floor I'm not allowed to put the boot in while he's down - That is not self defence.

I'm not allowed to beat him to an inch of his life after he's stopped trying to hit me.

This is where the line is between self defence and battery - I can't tell from your description of what happened but it sounds to me like the police and CPS think your boyfriend went way over it.

Remember it's not so much who started it but what happened in the fight.

A custodial sentence is almost a certainty if he's found guilty - Sentences for abh go from 2 months to 5 years with an average of about 9 months - but we all know prisons are full so he might get shorter than he otherwise would but I can't see him not getting a custodial sentence if he's got a history of violence.

If his brother's been charged with attempting to pervert the cource of justice it sounds as if he's been trying to intimidate a witness. If true it's really really stupid, he could easily get 6 months for that on its own and it sure won't help your boyfriends case

[becky1981]

thanks for all your comments, i am sitting waiting for any news of anything, his brother was let out last night, i thought he would stay in as his bail conditions was not to contact a certain person, i found out yesterday this certain person was also arrested yesterday and let out last night..i was surprised as i thought it would mean his bro would stay in overnight for breaking bail conditions....
I know what your saying about the self defence thing, i know for a fact that him and his brother went way over the top with the beating, they rang me after they did it and said they thought they had killed him,so yes it was more than self defence. if a custodial sentance is not given do you think he would be tagged, as i know of someone up the road who beat someone up and got tagged for 2 weeks although that wasnt half as bad as what has happened here. my bf and his bro are actually horrible people that are violent (certainly not to me though) and i too hope they get something they will learn a lesson from but i dont think they will.
I shall sit and wait now for the day to hear anything from court. Is there any website you can look at to see whats in court now and when the trial finishes? im sure there is but i cant find it!

[johnny28]

Well, to prove self defence in crown court your defence has to prove that your boyfriend acted using minimal Restraint, which by the sounds of it he didn't. if he has pleaded not guilty on grounds of self defence then in my opinion he will be found guilty unless no witnesses turn up. All the prosecution have to do is point out that your Boyf caused the injuries and boyf will lose the case regardless who ever started it.

The fact that this matter was not resolved in Magistrates court (most ABH charges are) and considering the details of the incident, suggests to me that your boyfriend will receive a custodial sentence.

Crown Court + violence = custodial sentence. The maximum term for ABH in a crown court is 5 years but this is unlikley certainly in todays climate but keep in mind judges have been instructed that only non-violent members of the public SHOULD not be incarcerated, which should ufortunately unaffect the judges sentencing decision in this case. I wish you luck ;)

[boro1986]

So what happened at court then

[becky1981]

for some reason unbeknown to me he has now got a new date for it to be commited to crown court, 23rd of march!?? i dont understand why or why it is so far away as this has been going on since september and he first went to court in december and then again (not sure what date) and then again yesterday. any answers as to why it is going back again and why its nearly a month and almost another months time?
???? IM VERY CONFUSED?????

[dinger128]

Sounds like his solicitor has asked for an appeal. That could be a bad thing, as the verdict could be greater than the maximum a magistrates court could impose.

I hope you boyfriend has a very good solicitor, that or he knows you boyfriend is screwed and is just squeezing every last penny out of the legal aid system.

[naomi 69xx]

hya hun its normal dat his date 4 sentancing as took so long my friend was on remand 4 9 months and as only jst been sentanced he was up 4 kinda the same thing but i and a few others were witnesses 4 him so it was a fair trial he got 18 months and is out soon cos dey only usually serve half da sentence! if hes got a record that will go against him but alot will depend on wat kind of judge he will be up infront of! talk 2 his solicitor he should b able 2 tell you waht he thinks the worst and best outcome will be! he will also hav 2 serve his suspended sentance but as i say wat ever sentance he gets he should be out within half of it and can also get early relise on tag! i no how you feel mt bf is in prison and im 5 months pregnant, its hard but youl get through it the best thing 2 do is ring his solicitor and as i said ask wat he thinks the best and worse outcome will be!! hope iv helped and not just ranted on xx