ABH section 47

[samantha17]

I was wondering if anyone could give me an idea what someone will get who is charged with abh section47...its my now ex partner beat me up, i didnt have broken bones but he blacked my eye and i had a lot of bruising and swelling. He has past convictions for assault (fighting with people whilst out) and i believe he has been done for domestic violence with a past partner (which I did not find out until now when I have pressed charges for him beating me up this time around)

[Buenchico]

Assuming that he didn't use any form of a weapon (and that the assault was not premeditated), the 'starting point' sentence is a 'high' level community order, with a sentencing range running from a 'medium' level community order up to 6 months imprisonment.

However those sentences apply to a first-time offender, convicted after a trial. An early guilty plea can see a reduction in sentence but previous convictions can push the sentencing range higher. (The maximum penalty for ABH, other than when it's racially aggravated, is 5 years imprisonment).

With previous convictions for assault your ex is probably facing a sentence of around 6 months imprisonment if he's found guilty after a trial, or 4 months if he pleads guilty at the earliest opportunity.

Chris

[samantha17]

Thank you that's a great help, fingers crossed he will do time for what he has done.

[lee23hull]

if it was up to me and he has beat you and has a past for domestic violence then he would be getting atleast 6 months inside...................But at the end of the day to get him sent down will depend on alot of things and that will be down to the judge or jury. if he hit you for no reason and a number of times and although you say he has a past the olny way that will work in your favour hes been charged with it before? and how long ago? also does he work? and im not on his side one bit but also they will ask was he provaked by you in any way. I just want to make it clear that your best have an open mind as the british law isnt the best nor clear cut,,,, ive seen people walk from court when they should be inside and seen people get time for nothing.............................the best person to give you the answers you want and need is your solicitor and get a good one make sure that you give them as much as you can to put this arse hole away give the solicitor anything even txt of him im sure if hes that bad he will be sending you hate txt save them and show your solicitor good luck

[pfabc123]

Dont get your hopes up Samantha17.
My partners ex husband was charged with the following which were all separate attacks:
1. ABH section 47 violent attack involving CS Gas (Firearm)
2. GBH section 20 violent attack involving a champagne bottle that broke my arm
3. ABH section 47 violent attack involving a claw hammer
4. ABH section 47 violent attack involving strangulation and broken ribs whilst raping me while my daughter was in the next room within ear shot
5. Rape x 2 sample counts with over 20 incidents noted with many in ear shot of a minor
6. False imprisonment involving rape and hours of cruelty and torture
7. Affray involving a minor and a gun (Air Rifle)
8. Threats to kill me and my daughter
On the day of trial my attacker asked the CPS if they would agree to him pleading guilty to all of the violence if they dropped the two sample counts of rape. They agreed to this and one month later he was sentenced ref the details below. He was awarded a 16 month SUSPENDED prison sentence and asked to pay �500 costs.
The judge believed that he did not even need any anger management courses.
You can only imagine how unjust I find this sentence to be.
I would now seek justice in other ways. My partner has started a media campaign which got the monsters photo in the Guardian last week and in the Sun this week and then on radio, Womans hour this Friday. I want that monster known to everyone so he wishes he did go to prison and be on vulnerable persons wing. If you need help with the likes of non molestation orders/injunctions etc etc let me know and I wish you the best of luck.