hi can u please help i have just pleaded guilty to abh with a glass at magistrates court and now going to crown for sentencing the injures to the victim were two cuts to the head which needed gluing up (not big or seen) i am 35 years of age and not been i

[leelo]

hi can u please help i have just pleaded guilty to abh with a glass at magistrates court and now going to crown for sentencing the injures to the victim were two cuts to the head which needed gluing up (not big or seen) i am 35 years of age and not been in trouble for 20 years i have always been employed and have lots of very good references (work,landlord of pubs, and so on) i have two kids 6 and 7 could someone please tell me what i might get? thanks very much.

[Craftypig]

Having pleaded guilty that will go in your favour. However because it has been sent to crown court the magistrates probably don't have the authority to punish such a crime. I wouldn't worry about a prison sentence though because they are packed to the rafters these days. Maybe a fine, compensation, costs and a suspended sentence........

[Buenchico]

The sentencing range for an ABH offence which did not involve pre-meditation goes from a 'medium level' community order up to 26 weeks imprisonment, with the judge required to use a 'high level' community order as a starting point. Those sentences refer to a first time offender, convicted after a trial. Previous offences (and the use of a weapon, such as a glass) can push sentencing upwards. An early guilty plea can see a reduction in the sentence (of up to one third in the case of a custodial sentence).

My guess is that you'll receive a high-level community order, but a custodial sentence can't be ruled out.

You're probably lucky that the victim's injuries didn't take the charge into the GBH category. That would probably have resulted in a prison sentence of around 9 months.

This is the actual document which judges must refer to:
http://www.sentencing...person_accessible.pdf

Chris

[hoviss00]

hi my 21 year old son went to court today for carrying an offensive weapon, it was filmed on cctv in the town centre.because the weapon was in a case it could not be identified between a samaria sword or a pool que. so he was charged with the lesser a pool que, 5 mins before going in the court prosecution changed it to the higher leval the sword because it looked like it had a handle.??. they also brought into a fight which was reported earlier on in the town. now this throws a differant light on the matter.?? he has never been in trouble before at all. what are his chances. of a prison sentence.
thanks if anyone can help with any advice..
his worried mum.

[Buenchico]

Hoviss00:
You'd have done better to start a new thread, rather than to post on Leelo's one, as things could get rather confusing!

However you still deserve an answer:
The are two separate laws. One refers to 'offensive weapons' and the other refers to 'bladed articles'. If the prosecution pursue a case under the 'bladed article' law, and they can establish that your son was definitely carrying a sword, then the chances of a prison sentence are quite high. (If they can establish that he was carrying the sword in relation to some ongoing 'aggro' in the town, he'll almost certainly go to prison).

However if the charge only relates to an 'offensive weapon', and the prosecution are unable to establish that it was a bladed item, the chance of a custodial sentence will be much lower. It's carrying knives (and similar articles), particularly when it might appear that the offender is seeking a victim, that generally leads to the most serious sentences.

I'm sorry that my answer is a bit vague but, without knowing the exact details of the prosecution's case, it's impossible to be more specific.

Chris

[hoviss00]

thanks chris,
i am new at this didnt realised i had tagged someone elses question doh.
on the cctv the blade had never come out of its case at all.
and his face was never seen on the camera at all he was identified by his items of clothing ie his adidas 3 striped top and trainers.
so up to now he has pleaded not guilty.
the police questioned him saying what looks like a sword by the way you was holding it. but decided then to say it was either a stick or a poolque.
this is so distressing, the prosecution want to look at the camera to decide what to charge him on first of all . my sons finds out in 2 weeks time.

[leelo]

thanks for your answers