Like Sentence For Attempted Robbery

[Mikel12]

Hello,

I have trial at the Crown Court next month for a attempted robbery, which I plead guilty.

Basically, about two months ago I was going with my friend through the town centre, there were two guys standing next to the cashpoint from which I wanted to withdrawn money, when they finished and were walking away they looked at us and we through they were saying something, after few seconds my friend run up to one of them (which didn't withdrawn the money) said "give my your money" or something similar and pouched him from behind, the guy turned and pouched him back. When I saw this I joined the fight, I pouched the guy about three times and said aswell to give my money, but I didn't want the money and didn't remeber if i really did say it, but it is likely I did (I drunk some alcohol) after that I told my friend to leave and we runned away and were stoped by the police 5 minutes later.

I were allowed to leave the police station with a conditional bail, and had to go to magisteres court, but the case was moved to crown court because I turned 18! and I was 17 when this happened. My friend is 17 and he have been fined with 250 pounds and have to attend to youth centre in the magisters court.

What is the likely sentence for me? I am a 18 year old student, never convinced any crime before. The court told me a probation officer will visit me before my trial.

I didn't want to plead gulity to the attempted robbery but my solicitor told me that if I would'nt say i want any money from the guy it would be a defence act, but because I said it, it is a attempted robbery, and I am likely to get one year suspended and a community sentence.

Is there any chance I will go to jail? I have depression, can't concetrate on my daily life, can't sleep.

[sandyRoe]

What are you studying and what does 'pouched' mean?

[jeffa]

I'm afraid this is likely to be met with the usual barrack-room lawyers and those who will enjoy being indignant and tell you how you deserve everything coming to you.

Your solicitor will surely have already told you both the likely outcome and the worst case scenario.

[boxtops]

I guess you mean Punched.... and you admit you hit him and asked him for his money, drunk or not. I don't understand how you could NOT plead guilty. I'm not surprised your life is upside down - I hope people on here can give you straightforward likely outcomes.

[Ken4155]

I'm no barrack-room lawyer and i DO say he deserves everything he gets. Drink is no excuse and he should follow the advice of his solicitor. I would think a similar sentence to the one his partner in crime received would probably be handed down.

[Mikel12]

I was also charged with ABH but the court decided that they will only do the attempted robbery.

Yes i did hit him in the face three times, and told my friend to leave because I through it is the only suitable decision to stop the fight.

Yes my life is upside down, I nearly commited a susicide last month. I am better now but I am still depressed.

[Mikel12]

The difference is that my friend is 17 and went to the magisters court. I turned 18 before attending the magisters court, therefore I am going to the Crown Court for the trail next month. However, I was also 17 when I commited this crime, so it is not fair in my opinion.

[EDDIE51]

Well, a magistrates court can only give a maximum sentence of 6 months. So the fact that the case has been sent to Crown means that they think a longer sentence is likely. What exact offence have you been charged with? there should be an offence code number on the charge sheet.
I have to add that I can not see any way you can plead not guilty, you have admitted the offence. Remember that an early guilty plea will reduce any sentence by 1/3rd.

[jeffa]

Again, have you really not gone through all this with your solicitor? He/she is surely by far best placed to advise you.

[FredPuli43]

The starting point for an adult offender who commits a street robbery without use of a weapon is 12 months. Yours is aggravated by your not being alone but is, equally, mitigated by the crime being opportunistic.

There is no particular reason for sentencing someone differently merely because they didn't succeed in committing the full offence; we don't give rewards for failure; but, in some cases, mitigation is found in the failure. The failure may indicate such a transitory thought, such a spur of the moment act, that the execution was very incompetent or unlikely to succeed. Thus it plays to the mitigation of the crime being opportunistic.

Accordingly, depending on how your counsel plays it, and the material they have to use, you might just get away with avoiding immediate custody. But you'd better be prepared for custody.

[EDDIE51]

Still very confused about what your lawyer said? There is no way this was a 'defence act' you and your friend started the fight with out provocation from the victim.( apart from 'thinking he said something') Looks like a straight case of attempted robbery with violence to me.

[EDDIE51]

methyl, If you read Fred,s post, he explains that there is no difference in law between 'robbery' and 'attempted robbery'

Fred , I can see your point re the 'attempted robbery and actual robbery' but what of 'attempted murder and actual murder' does the same logic apply there?

[Mikel12]

So it is very likely that I am going to jail? and my partner in crime did get away with only small fine and have to attend to youth club because he's 17.

[FredPuli43]

Attempted murder is worse than murder, Eddie, in many cases. To be guilty of murder, the accused need only to have intended to cause grievous bodily harm to the victim, To be guilty of attempted murder, the accused must be proved to have intended to kill the victim. It would follow that some attempted murders should be visited with more severe sentences than some murders, the only mitigation, if it can be called that, being that the attempted murderer didn't manage to achieve what he fully intended, probably because he was thwarted by the skill of doctors.

The law, however, makes life the mandatory sentence for all murders but, as we all know, a distinction is drawn between different kinds of murder, in setting different tariffs of minimum years.

[EDDIE51]

Thanks Fred very informative.
Mikel We do not know the full story of what happened in court with your friends case. On the face of it your friend seems to have got off lightly.
But as you are 18 you will have to face an adult court, a juvenile court can not try a adult.But your age will be a mitigating factor in considering the sentence.
It would be irresponsible of us to tell you anything other than the truth, you have committed a serious offence and a jail sentence is a very strong possibility. An early guilty plea plus a commitment to change your behaviour and a sincere expression of regret MAY JUST get you off without a custodial sentence, but it will be close. Go for 'not guilty' and it is jail for certain.

[Mikel12]

Yes I did plead guilty during my preliminary hearing. I haven't started the fight, I am doing a full time education, I never convinced any crime before and I was 17 when I convinced the crime. My solicior told my that I will be propobably suspended for a year and will be given a community order, what do you think? I really don't want to go to jail, the probation officer is coming to see me in few weeks. I have lovely family, great house, it "wasn't me" when I done it, I am a different person now.

[EDDIE51]

Mikel read Freds comment at 18.26hrs !
The starting point for a street robbery is 12 months prison! You have an aggravating circumstance and a mitigating one so my money is on a 12 month sentence with 3 months deducted for a guilty plea making 9 months.
9 months means you will get automatic release at the 1/2 way point, 4 1/2 months and probably at least the last month release 'on tab' all in all about 3 months actually in jail. Sorry , but that is what it looks like to me.

[Mikel12]

Will I lose my college and education? Is there a chance I will find a normal job after I will be released if I will go to jail?

[tamborine]

Best you show remorse, saying how sorry you are for a moment of stupidity & madness when you went to defend your friend from being attacked. Hopefully the judge will take pity on you, give you a lecture & lighter sentence.

Meanwhile don't re-offend, good luck