how important is presentence report and does take any notice. I am for GBh on first offence?

[norrin]

How often f at all does a judge at a Crown court follow pre-sentence report?

[Buenchico]

I've sat in on a lot of Crown court sentencing hearings. In a few cases they've lasted only a few minutes, leaving everyone to wonder whether the judge had read or listened to anything put before him.

However, in the vast majority of cases, the judge has clearly taken every possible care to come to the correct decision, by taking all representations into account. The last one I attended lasted 2½ hours, with the defence barrister making representations for his client and then the judge asking both the CPS barrister and the police representative for their opinions on various matters. He then asked the offender some questions, with the offender taking the opportunity to ask the judge to look at particular parts of the pre-sentence report. The judge then spent some time studying them, and again canvassed opinions and representations from those present.

The judge was clearly trying to decide whether he could find a way to avoid a custodial sentence and, eventually, that's exactly what he did. So while there's no guarantee that a pre-sentence report could help you, it would be madness not to try to use it to your advantage.

However you need to be aware that, unless there are very exceptional circumstances, judges must pass sentences for GBH based upon the table on page 15 of this document:
http://www.sentencing...person_accessible.pdf
The sentences there refer to a first-time offender who is convicted after a trial. An early guilty plea can see a reduction in the sentence. (In the case of a custodial sentence that by up to one third although, as you'll see, a custodial sentence can be avoided at the lowest level of GBH).

Chris

[norrin]

That is really helpful Buenchico, could you please have a look at this and then let me know what you think : http://www.theanswerb...w/Question984897.html

[Buenchico]

Thanks for your reply.

In your other thread, you wrote;
"I then went round on the fifth night with two guys for protection". If the court believes that version of events, then the odds of a non-custodial sentence are (based upon everything else you've written) almost certainly weighted in your favour.

However, if the CPS portrays the evidence as showing that you went, as a 'gang', "looking for trouble" (and the court believes that account) then a custodial sentence would seem to be the most likely outcome.

Chris

[norrin]

I have witness statements from two members of staff who witnessed this man threaten me in my office as well as my other builder, I also have a signed witness statement from my handyman who visited 4 nights in a row before i went round. the probabtion service told me that they will reccomend a suspended sentence. I have all my character referees comin gto court as well as tenant who owes me loads of money who i never hassled. I have ex-chairman of a bank , my ex boss who trained me, another independent solicitor who has been a famil friend for 30 years and an ex-employee who knows how i work and will alos testify about how difficult these tenants were at the time,. my barrister was called over twenty years ago so I am really hopeing i wll stay out as i ,will lose my business etc if i go down. do you think given what i have just told you I stand a chance here?

[Buenchico]

I think that you'll either receive a suspended custodial sentence, or possibly a higher level community order.

Chris

[norrin]

thanks Chris, I have been reading you other posts. You are well infromed! I really really hope you are right about the situation I am so I can at least carry on living my life and obviously never be involved in anything like this again, thanks Bobby