CROWN COURT COMMON ASSAULT AND ABH

[madham]

From my earlier post about my son being hit by his dad the magistrates have given a date to appear at crown court and he has not said his plea yet.

The police told me Section 39 assault but today after magistrates court they have said 1 x common assault and 1 x abh what is the maximum sentence the court can give and what is the likely outcome.

He has previous assault convictions.

[boxtops]

This is the earlier post http://www.theanswerb.../Question1039346.html

[madham]

At a quick glance does that mean abh could get a prison sentence rather than community service.

[clickityclick]

my partner has just been to crown court as a victim/wittness, the man who assaulted him was charged with 2xGBH (section 20) and his sentence was, 12 months supspended sentence for 18 months, 200 hrs community service and £2500 in compensation he pled not guilty through 3 magistrate appearences and not guilty at the plea hearing at court so it went to trail, he pled guilty on the morning of the hearing. so he got a 1/3 reduction.

[Buenchico]

The maximum penalty for common assault is 6 months imprisonment. The maximum penalty for ABH is theoretically 5 years imprisonment but (under most circumstances) courts are effectively limited to a maximum term of 3 years.

ABH generally doesn't result in a custodial sentence but given the nature of the assault as described in your previous post (a sustained assault on a minor, by someone with multiple convictions for violence) a sentence of around 18 months to 2 years imprisonment would seem to be likely.

Chris

[madham]

Thanks Beunchico. I hope he gets a prison sentence, my son is scared of his own shadow since it happened. He is 15 and wouldn't answer the door to pay the window cleaner when we were out last weekend as he didn't know who he was.

I don't know why but the magistrates made it clear she had met him in court recently. I don't know what he's done though.

[madham]

Clickityclick, what were your partners injurys?

[clickityclick]

hi, he had a broken nose and his lip was tore open it needed 7 stiches, the other charge of GBH was to his friend who had his glasses smashed in his face, it ripped his eyed lid open and caused cornial abbrasions to his eye.