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Likely sentence for assault?...
My partner's ex girlfriend was in court yesterday for 2 counts of assault by beating on my boyfriend and myself.
She was pleading not guilty so we and 2 independent witnesses had to attend.
She had told a whole web of lies but was rightly found guilty and has to re-attend court in 3 wks for sentencing.
my question is what sentence is she likely to get. and will it be the same judge that deals with her on her return date?
She was in court shortly after this incident for breaking a harassment order against us where she was given an 18 month conditional discharge.
she hasn't been co-operative with the police and then the courts by pleading not guilty and being difficult in the courtroom so will they be tougher with her?.....
She was pleading not guilty so we and 2 independent witnesses had to attend.
She had told a whole web of lies but was rightly found guilty and has to re-attend court in 3 wks for sentencing.
my question is what sentence is she likely to get. and will it be the same judge that deals with her on her return date?
She was in court shortly after this incident for breaking a harassment order against us where she was given an 18 month conditional discharge.
she hasn't been co-operative with the police and then the courts by pleading not guilty and being difficult in the courtroom so will they be tougher with her?.....
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Thankyou Bednobs. I have mixed feelings about it. i'm pleased we got a guilty verdict but i mainly want her to get the message to leave us alone.
Ben-AB the assault on my bf was minor ...but she got a hold of me and pinned me down and caused an injury to my face and to my ear,(nothing permanent thank goodness)...and had such a hold of me that it took my bf and 2 others to get her off. :O(
Ben-AB the assault on my bf was minor ...but she got a hold of me and pinned me down and caused an injury to my face and to my ear,(nothing permanent thank goodness)...and had such a hold of me that it took my bf and 2 others to get her off. :O(
To give a realistic answer we need the actual charge section number that she was found guilty for . As she already has a conditional discharge that will now come up again for re sentencing as she has broken the terms of the discharge. There is a 1/3rd reduction in any sentence for a guilty plea so she has lost that as well and will face the full sentence. The judge will be who ever is sitting that day, it does not have to be the same judge , which ever judge it is will have all the case notes and reports to help him/her decide the sentence.
As I said we need the actual charge section numbers to be more accurate about sentence. A prison sentence is not impossible but I would a say a restraining order and community service are more likedly.
As I said we need the actual charge section numbers to be more accurate about sentence. A prison sentence is not impossible but I would a say a restraining order and community service are more likedly.
EDDIE 51 is largely correct.
However, restraining orders are reasonably uncommon. There will need to be a sustained log of harassment involving both parties which has been routinely reported to the police for the judge to advise this. If this is has been a spontaneous incident, there will be no restraining order.
It will likely be the same judge, but as Eddie said, it could potentially be whoever is in court on that particular day. In either eventuality, the judge will be provided with a presentence report giving an assessment of the guilty party's character. This will affect your partner's ex-girlfriend's sentence.
I suspect, judging by your assessment of injuries as minor, that she will receive a medium-term community order and possibly a fine.
However, restraining orders are reasonably uncommon. There will need to be a sustained log of harassment involving both parties which has been routinely reported to the police for the judge to advise this. If this is has been a spontaneous incident, there will be no restraining order.
It will likely be the same judge, but as Eddie said, it could potentially be whoever is in court on that particular day. In either eventuality, the judge will be provided with a presentence report giving an assessment of the guilty party's character. This will affect your partner's ex-girlfriend's sentence.
I suspect, judging by your assessment of injuries as minor, that she will receive a medium-term community order and possibly a fine.
This was not a spontaneous incident against a random victim, Ben. The victim was targeted and the perpetrator had already been the subject of a court order. So a restraining order is highly likely to be requested by the prosecution and is very likely to be granted.
I assume from what you say, Jenarry, that the offence was Common Assault and was dealt with in the Magistrates’ Court. If the trial was presided over by a single person that would have been a District Judge (Magistrates’ Court) who has the same powers as a bench of three Magistrates. When she returns to court for sentencing it is unlikely that she will be seen by the same judge and may be sentenced by a bench of Magistrates. They will not have case notes of the trial but will be given the facts of the case by the prosecutor.
From your brief description of events it seems unlikely that the custody threshold has been passed, but the offence is aggravated by the breach of the court order. I would guess that a community order may be seen as an appropriate sentence.
I assume from what you say, Jenarry, that the offence was Common Assault and was dealt with in the Magistrates’ Court. If the trial was presided over by a single person that would have been a District Judge (Magistrates’ Court) who has the same powers as a bench of three Magistrates. When she returns to court for sentencing it is unlikely that she will be seen by the same judge and may be sentenced by a bench of Magistrates. They will not have case notes of the trial but will be given the facts of the case by the prosecutor.
From your brief description of events it seems unlikely that the custody threshold has been passed, but the offence is aggravated by the breach of the court order. I would guess that a community order may be seen as an appropriate sentence.
It wasn't a spontaneous incident. The ex went to a public event just because she thought we may go ,which unforunately we did. we were trying to leave because we saw she was there and she chased after us and attacked us (in front of our children!) something that she had threatened to do more than once in text messages to my boyfriend.
You're right New judge,we did appear at a magistrates court with a district judge and the charge was listed as 2 counts of assault by beating.
I asked whether it would be the same judge as he seemed very understanding and he had an insight to her character as she was being a bit disruptive and uncooperative on the day and proved to be telling a pack of lies as a defence. Would this sort of information be passed onto the judge or judges that go on to sentence her at the end of the month?
It sounds like the outcome will be a community order though.As I've said before I just want it to have an impact on her so she continues to leave us alone.
You're right New judge,we did appear at a magistrates court with a district judge and the charge was listed as 2 counts of assault by beating.
I asked whether it would be the same judge as he seemed very understanding and he had an insight to her character as she was being a bit disruptive and uncooperative on the day and proved to be telling a pack of lies as a defence. Would this sort of information be passed onto the judge or judges that go on to sentence her at the end of the month?
It sounds like the outcome will be a community order though.As I've said before I just want it to have an impact on her so she continues to leave us alone.
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