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Can I appeal sentence ?
My husband was found guilty of two counts of ABH.
After his last two assaults on myself resulted in my being hospitalised.
There had been a long history of domestic abuse but for various reasons I did not involve the Police for years.
( he was arrested and cautioned once before but I did not press charges)
After a wait of a few weeks since being found guilty in a magistrates court ( his option) , sentence was finally pronounced today.
Effectively he was given five months for EACH case of ABH, BUT has been told he will serve just one lot of five months in prison and 'IF' he re offends in the future THEN he will serve the other five months ?
As far as I am concerned if he has been found guilty of TWO counts of ABH, and it is considered serious enough to merit five months for EACH count , then WHY is he only serving half the sentence,the other half only to be served should he re offend ? Surely if he were to re offend then just give him another new sentence ( and more than five months ?) He should serve the sentences given now ?
I find this rediculous, it is like an offer at Tesco's , beat you wife up twice, and get the second one for free ! I was walking on sticks and had a broken nose for goodness sake !
Why defer half of the given sentence and only give it to him IF he is a very naughty boy again ? He has already had second chances ! He did not defer his fists ! It took years of attacks to even get to this point. Can I appeal ? as I do not feel this is justice,for me or the damage to my four children. SIngle mothers who have not paid their TV license fees have got longer in jail, I was abused for 14 years ! It seems to me that the victim gets less choice and less consideration all round in the legal system, it is wrong.
After his last two assaults on myself resulted in my being hospitalised.
There had been a long history of domestic abuse but for various reasons I did not involve the Police for years.
( he was arrested and cautioned once before but I did not press charges)
After a wait of a few weeks since being found guilty in a magistrates court ( his option) , sentence was finally pronounced today.
Effectively he was given five months for EACH case of ABH, BUT has been told he will serve just one lot of five months in prison and 'IF' he re offends in the future THEN he will serve the other five months ?
As far as I am concerned if he has been found guilty of TWO counts of ABH, and it is considered serious enough to merit five months for EACH count , then WHY is he only serving half the sentence,the other half only to be served should he re offend ? Surely if he were to re offend then just give him another new sentence ( and more than five months ?) He should serve the sentences given now ?
I find this rediculous, it is like an offer at Tesco's , beat you wife up twice, and get the second one for free ! I was walking on sticks and had a broken nose for goodness sake !
Why defer half of the given sentence and only give it to him IF he is a very naughty boy again ? He has already had second chances ! He did not defer his fists ! It took years of attacks to even get to this point. Can I appeal ? as I do not feel this is justice,for me or the damage to my four children. SIngle mothers who have not paid their TV license fees have got longer in jail, I was abused for 14 years ! It seems to me that the victim gets less choice and less consideration all round in the legal system, it is wrong.
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Police take the case.
I have spoken on the phone to one of their ladies and had a bit of a cry.
The sentence hasn't helped ? It made me feel in the literal meaning of the word worthless, worth less as reflected directly in the sentence my husband was given for the pain inflicted on me, and my children.
Last week I heard on the radio that a gang of men that robbed a watch shop were sentenced to 13 YEARS.
I am not saying that these men should not get 13 years, I am just saying my husbands sentence was not sufficient.
I don't think I was being unreasonable in my expectations.
I did not expect his Grollocks to be put on a big pointy stick outside The Tower !
I just expected him to serve a sentence for the TWO cases of ABH he was tried and found guilty of ?
I knew full well all previous unreported assaults were not being considered, but just for the last two proven cases he was given 10 months, which was halved and will I have been informed be halved again ?
So 10 months becomes just 8-10 weeks inside a low security prison, where he can wear his own clothes, occupy himself with going to the gym, playing on consoles and watching TV, and knowing my husband he'll also befriend the Chaplain there for a bit of sympathy !
He will serve less time, than I was walking on sticks.
I feel at times like Spock on 'The Enterprise' saying, 'But surely this is not logical Captain ??' when talking to those in the system who's attitude is that I should think myself 'Lucky' that he is in Prison at all, as it is not often a domestic Violence case gets a custodial sentence ?
The victim (And I mean ALL victims) need to have recognition as to what they have had inflicted on them , and a custodial sentence of a proper length can be seen as a way of showing the significance of what they have suffered , it is not even about revenge,
I have spoken on the phone to one of their ladies and had a bit of a cry.
The sentence hasn't helped ? It made me feel in the literal meaning of the word worthless, worth less as reflected directly in the sentence my husband was given for the pain inflicted on me, and my children.
Last week I heard on the radio that a gang of men that robbed a watch shop were sentenced to 13 YEARS.
I am not saying that these men should not get 13 years, I am just saying my husbands sentence was not sufficient.
I don't think I was being unreasonable in my expectations.
I did not expect his Grollocks to be put on a big pointy stick outside The Tower !
I just expected him to serve a sentence for the TWO cases of ABH he was tried and found guilty of ?
I knew full well all previous unreported assaults were not being considered, but just for the last two proven cases he was given 10 months, which was halved and will I have been informed be halved again ?
So 10 months becomes just 8-10 weeks inside a low security prison, where he can wear his own clothes, occupy himself with going to the gym, playing on consoles and watching TV, and knowing my husband he'll also befriend the Chaplain there for a bit of sympathy !
He will serve less time, than I was walking on sticks.
I feel at times like Spock on 'The Enterprise' saying, 'But surely this is not logical Captain ??' when talking to those in the system who's attitude is that I should think myself 'Lucky' that he is in Prison at all, as it is not often a domestic Violence case gets a custodial sentence ?
The victim (And I mean ALL victims) need to have recognition as to what they have had inflicted on them , and a custodial sentence of a proper length can be seen as a way of showing the significance of what they have suffered , it is not even about revenge,
Oops? sorry beaniesq...my second part seems to have ended rather abruptly ? a couple of lines seem to have dropped off ?
Anyway to finish, it is as I ended with, not even about revenge, I do not want to be burned out and bitter, it is just about justice and recognition .
I am going to be OK, I will start to find the old me again, despite all,l I am gratefull daily to have inherited my parents sense of humour and I will try to put positive stuff on top of all the rubble again, and to build a happier future for myself and the kids.
I think I am just still a little bruised and battered on the inside ?
To end on a lighter note, thanks again for asking, and I hope that you are enjoying the long weekend ? all the very best x
Anyway to finish, it is as I ended with, not even about revenge, I do not want to be burned out and bitter, it is just about justice and recognition .
I am going to be OK, I will start to find the old me again, despite all,l I am gratefull daily to have inherited my parents sense of humour and I will try to put positive stuff on top of all the rubble again, and to build a happier future for myself and the kids.
I think I am just still a little bruised and battered on the inside ?
To end on a lighter note, thanks again for asking, and I hope that you are enjoying the long weekend ? all the very best x
Hi maryval,
I just read your posts, and I'm really glad to hear you are doing something practical with the paperwork and exploring the options. It's disappointing that the Domestic Violence Service didn't respond to your request but perhaps they need more time.
I don't think it's unreasonable to want him to serve for both counts, and I would feel just the same - until you can see justice has been done, you'll not rest easy. It's only natural.
I guess the person you really need to talk to is a barrister, but of course the fee's for these people are so steep :o(
I was wondering also if you'd considered taking out a personal injury claim? There seem to be dozens of solicitors in the phone book who are 'no win no fee'. It might also be a good, free way of getting some extra legal advice.
The outreach service sounds very interesting. I haven't heard of it before but it sounds like a great idea. I think you should give it a go. It seems that you're coping admirably with everything on your own, but when help is offered like that it seems a shame not to take it!
When he comes out of prison, will you be safe? i.e. would he turn up at your house or threaten you? I just wondered what he might do once released?
Anyway, keep your chin up - I am not an expert but I think you are doing really, really well. Your kids are small right now, but when they get older they will be really proud of you.
Chat soon,
xx
I just read your posts, and I'm really glad to hear you are doing something practical with the paperwork and exploring the options. It's disappointing that the Domestic Violence Service didn't respond to your request but perhaps they need more time.
I don't think it's unreasonable to want him to serve for both counts, and I would feel just the same - until you can see justice has been done, you'll not rest easy. It's only natural.
I guess the person you really need to talk to is a barrister, but of course the fee's for these people are so steep :o(
I was wondering also if you'd considered taking out a personal injury claim? There seem to be dozens of solicitors in the phone book who are 'no win no fee'. It might also be a good, free way of getting some extra legal advice.
The outreach service sounds very interesting. I haven't heard of it before but it sounds like a great idea. I think you should give it a go. It seems that you're coping admirably with everything on your own, but when help is offered like that it seems a shame not to take it!
When he comes out of prison, will you be safe? i.e. would he turn up at your house or threaten you? I just wondered what he might do once released?
Anyway, keep your chin up - I am not an expert but I think you are doing really, really well. Your kids are small right now, but when they get older they will be really proud of you.
Chat soon,
xx
Hello beaniesq
I hope you are well ?
I must admit I had not even thought about any form of compensation as I have only been thinking about the trial and the sentencing afterwards.
It is a good point that you make but I am nor sure where the compensation money would actually come from ?
Would it be from my husband ? as, as far as I am aware he may still not have a job, as he had been unemployed for quite a while before he had the iinjunction on him, and moved away ? and now I suspect finding a job with a criminal record will be a no no ? so I will never get child support either ?
My husband when he knew that an injunction had been served on him and upheld , did go to the joint bank account and withdrew sizeable funds, but the police told me that he was at liberty to do so as it had been a joint bank account.
I also think he has put that money in his fathers name now?
I have been diagnosed with an inherited heart condition , I may have an operation at some point to try to correct it, but while my youngest is only three I think I will wait, and make do with medication, so I do not work.
I suppose as you suggested a solicitor may be able to advise me if a claim would be possible ?
My husband still has an non molestation order in place on him, so in theory when he gets out he should stay away.
The police say call if he doesn't, but I am looking to try to move to somewhere else just in case.
Although I don't think he will do anything straight away, I suspect in years to come when I least expect it he may have his revenge ? he often told me if I ever reported him then he would make it worth his while and I would never walk again ?...
..more words to control me ?
I have been trying to do small things to be more positive,
I play music when I am dong chores which I find takes me out of myself, and
I hope you are well ?
I must admit I had not even thought about any form of compensation as I have only been thinking about the trial and the sentencing afterwards.
It is a good point that you make but I am nor sure where the compensation money would actually come from ?
Would it be from my husband ? as, as far as I am aware he may still not have a job, as he had been unemployed for quite a while before he had the iinjunction on him, and moved away ? and now I suspect finding a job with a criminal record will be a no no ? so I will never get child support either ?
My husband when he knew that an injunction had been served on him and upheld , did go to the joint bank account and withdrew sizeable funds, but the police told me that he was at liberty to do so as it had been a joint bank account.
I also think he has put that money in his fathers name now?
I have been diagnosed with an inherited heart condition , I may have an operation at some point to try to correct it, but while my youngest is only three I think I will wait, and make do with medication, so I do not work.
I suppose as you suggested a solicitor may be able to advise me if a claim would be possible ?
My husband still has an non molestation order in place on him, so in theory when he gets out he should stay away.
The police say call if he doesn't, but I am looking to try to move to somewhere else just in case.
Although I don't think he will do anything straight away, I suspect in years to come when I least expect it he may have his revenge ? he often told me if I ever reported him then he would make it worth his while and I would never walk again ?...
..more words to control me ?
I have been trying to do small things to be more positive,
I play music when I am dong chores which I find takes me out of myself, and
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