Help with a section 47/ABH possible sentence

[richie892]

Hi, I need some advice on the possible outcome of a crown court hearing regarding an incident in which I have been accused of kicking someone in the face, causing a fracture to the nose and cranium resulting in surgery, somebody else involved has already admitted to performing the kick yet the victim is set on blaming me, now its been to the CPS and everyone else involved in this incident has been charged yet I have been re-bailed, I believe the police officer mentioned section47 or ABH. Now I have no previous convictions and I am a Sergeant in the armed forces and have a family and was wondering what i could be looking at as my solicitor cant give me a straight answer as they charge by the hour (lol) please could someone help me on this matter.

[sandyRoe]

The victim would clearly have been confused after the assault. That should lessen the impact of their evidence. The fact that someone else has admitted it means you should have nothing to worry about.

[exdc]

Hi Richie

Do you have your bail sheet, if so, the offence classification will be stated on there. Sec 47 assault is ABH but fractures to cranium are consistant with Sec 20 assault (more serious).

Also, what reason did the Custody Sgt give for re-bailing you?

Ta

[Buenchico]

For 'Section 47 ('ABH') sentencing read page 12, et seq, here:
http://sentencingcoun...ine_-_Crown_Court.pdf
That's the actual document which judges must adhere to unless there are very exceptional circumstances. (Note: The sentences shown there refer to a first-time offender convicted after a trial. Sentencing can be reduced for an early guilty plea; in the case of custodial sentences that's usually by one third).

However, if you've not yet been charged you need to read this document (which the Crown Prosecution Service uses to assess the appropriate charge):
http://www.cps.gov.uk...s_against_the_person/
Compare the contents of paragraph 46 ('ABH') with those of paragraph 55 ('GBH'). Then look at paragraph 65, which shows the factors which can push 'GBH' up to 'GBH with intent'.

As I read it, there is a strong possibility that you'll be charged under 'Section 18' (GBH with intent). That's an extremely serious charge, which (if proved) would be likely to result in a lengthy custodial sentence. (For the sentences which apply to 'GBH' and 'GBH with intent', refer to the relevant paragraphs in my first link).

Chris

[richie892]

dear exdc, my bail sheet says 'bail granted under section 37'
it also says '37(7)

[richie892]

also the victim has 3 witness that say I did it and I have 4 witnesses that say I didn't one of my witness's is the actual person who did it and confessed to doing so, I have protested my innocence since day one but feel its all one sided.

[exdc]

Dear Richie (lol)

LOL ok Sec 37 is Police and Criminal Evidence act (PACE) for bail guidance etc.

Anyway, what reason did the custard Sgt give for ptting you back on bail?.

[Buenchico]

That doesn't tell us much. The 'Section 37' referred to doesn't relate to the actual offence (unless it's "assault on any person authorized to preserve any shipwrecked vessel or goods", which would seem to be rather unlikely - that's the only 'Section 37' assault charge!).

Instead 'Section 37' (and more specifically 'Section 37(7)') simply refers to the section of the Police and Criminal Evidence Act 1984, which allows the Custody Officer to decide whether you can be released on bail, or whether you should be kept in detention.

Doesn't the bail sheet also refer to the (alleged) offence for which you've been bailed?

Chris

[richie892]

lol sorry about that but no doesn't state why or 'alleged' or offence, but i am going on an I.D parade tomorrow morning!

[richie892]

the officer just said that the CPS hadn't made a decision yet on me.

[exdc]

Hi Richie

Ok, please come back after the ID parade and ask for advice. ID procedure is important here but lets us know what happens.

P.s if a positive ID is made you should be re-interviewed.

[richie892]

Ok exdc,
Thank you very much will be back on tomorrow afternoon will you be available then.

[exdc]

Hi Richie

Yes, but let us know how the ID identification parade goes then we will take it from there.

[exdc]

Soz, also, as Chris stated. the bail sheet will state what offence you are on bail for.

[richie892]

will being a serving soldier for the last 16 yrs help and having no previous help me, if they find me guilty. and what evidence do they need and would their statements be classed as evidence.

and thanks to you all and hope i will have more info tomorrow and Chris i will ask the officer tomorrow to tell me what the charge is.

[sir.prize]

richie892 - It is doubtful that your military service will be considered in this instance; however, 16 years a soldier by a female is admirable dedication. Good luck.

[richie892]

Hi there Chris and exdc,
back from the line up and the solicitor said it will be a recognition rather than an identity as they are neighbours but also it is definatley section 47, and we appear back for bail on the 8th Nov to be re-bailed to appear in magistrate court then see if we want it to go to crown i think!

[exdc]

Hi Richie

Sorry for the delay in replying to you. (Ok, the ID procedure is mandatory at the investigation stage if there is any dispute in identification, even if the person is known to the witness).

Can you confirm whether the victim (witnesses) made a positive identification claiming you were one of, or the actual person who unlawfully assaulted him/her and did the police re-interview you?.

thanks