Will similar offences from 10 years ago effect sentencing?

[JayRed]

I've been charged with ABH and 2 counts of battery. I'm not guilty of these offences but I'm concerned I won't be able to prove my innocence, despite, as far as I understand it there is no photographic evidence of the injury alleged in the ABH. I realise battery doesn't require any injuries, so will rely solely on statements.

So in an attempt to cover all eventualities and possibilities I was wondering if I were to be found guilty, would an ABH, 2 common assaults and 2 cases of battery from when I was 14-17 effect sentencing? And if so, how? I'm 27 now with 3 children.

[The-HouseHusband]

It would all depend on the judge on the day, unfortunately there are no hard rules when it comes to what a judge will or wont accept from both the prosecution and defence. A decent judge will take into account your age at the first offences and the time in between where you appear to have been a good citizen and would reason that it is pretty much a one off and so would not use the earlier offences in his consideration. On the other side of the coin you could get one of the old guard, who think that if you have broken the law before and do so again even, if you have worked for good causes and been a model citizen in between, then you are a bad egg and you deserve the worst he can give.

Sorry this isn't very helpful, however because of the antiquated justice system we use in this country you never know what will happen because of not knowing the judges upbringing or social network!!

[New Judge]

A few things need pointing out, JayRed.

Firstly, ABH is an “Either Way” offence and you have not said whether your case is to be heard in the magistrates’ court or the Crown Court. You do not have to prove your innocence, the prosecution has to prove your guilt beyond reasonable doubt. ABH most certainly does require proof of injury to secure a conviction. Whilst photographic evidence is not necessary, statements alone will not suffice. If you disagree with anything in any statements the witness must attend court, give evidence and be subject to cross-examination.

Contrary to TheHouseHusband’s doom laden prophesy, your previous conviction should not influence your sentence if you are convicted. It is too old and the judge or magistrate is not entitled to take it into account, whatever side of the bed he may have got out of or what his social upbringing.

[JayRed]

Thank you for the reply New Judge.

How long does it take for a previous conviction to become almost irrelevant in sentencing and not entitled to be taken into account by a judge? Is it when the conviction becomes 'spent'?

I expect the case to be referred to Crown Court because the ABH allegation has a weapon element attached to it. Namely, I'm accused of running a knife along the throat of someone producing a 4-5 inch cut. This is alleged to have happened within the last 3 weeks so I'm curious how they can prove such a serious allegation without supporting evidence that isn't a statement or the victims word in court. There are no other alleged witnesses to the alleged attack.

I saw this person 4 times a week from the first possible date of this offence, even on the day of my arrest, and there was no 4-5 inch cut on their neck. That's the entire length or width of an adults neck! The person has also uploaded photos to Facebook in this time period and there is not a wound visible in any of those either. Can these be requested for/entered into evidence? If so, can that be done before a plea?

In the interview I gave a pre-prepared statement on the advice of my solicitor. I explained how the alleged victim suffers from depression and had been using suicide threats and actual attempts to blackmail me for months into not telling anyone of the attempts/threats, and to stop me from leaving when things regularly got heated. I explained how on this occasion they had thrust a knife towards me, I disarmed them, then pinned them to the wall with force. The victim then told me to stab them to do them a favour. At this point I was obviously desperately stressed and shouted words to the effect "what the f**k is wrong with you? you f**cking idiot!". A short while later when things had calmed down we had sexual intercourse.

I also have a text message on my phone from December this year from the alleged victim

[JayRed]

saying "you might as well just stab me". Is this relevant and can it be entered into evidence to substantiate my claims that the victim told me to stab them?

I also have my doctor who told me to ask my solicitor to request my medical records so the court can see that I am on medication for depression and stress related to this whole scenario of having to deal with the suicide threats. Is my doctor correct in thinking this is also relevant and can be entered into evidence?

[New Judge]

Provided you were not sentenced to more than 30 months custody (in which case the conviction never becomes “spent”) the maximum period before it does become spent is five years for those aged under 18 at the time the sentence was passed. It may be considerably less than that because when the conviction becomes “spent” depends upon the sentence (and to a degree, the offender’s age at the time of the offence) and not to the offence itself. In any case, that is not the issue here as the Rehabilitation of Offenders Act (which defines “spent” convictions) is relevant mainly to employment matters and not to subsequent sentencing.

Having said that, judges and magistrates have to bear in mind the principles of that Act when sentencing. When examining a defendant’s “previous” they have to be mindful of the nature of earlier offences and the time elapsed since they were committed. Further, they have to state in open court their reasons for arriving at a sentence. If it was announced that your sentence had been increased because of your earlier record there would certainly be grounds for appeal against that sentence.

As far as the evidence that you have outlined goes, if you have not already done so you should seek the services of a solicitor.