Quizzes & Puzzles5 mins ago
Partner Charged With Abh And Criminal Damage
19 Answers
Hi
My partner headbutted me twice, punched me in the face a few times and smacked my head in the wardrobe. I have a suspected broken nose, bruises, etc. It only stopped when my 19 year old son came into the bedroom.
He has been charged with ABH and criminal damage. I also noted in my statement that he first attacked me on 17 December, but this was whilst we were in a foreign country and it was not reported.
He has attacked a previous girlfriend but no police action was called for.
He has a previous drunk driving charge resulting in a ban in January 2011 and regained his licence in April 2012.
He has pleaded guilty in his statement and hopefully will in Court so my son and I do not need to attend.
What is his likely sentence to be?
My partner headbutted me twice, punched me in the face a few times and smacked my head in the wardrobe. I have a suspected broken nose, bruises, etc. It only stopped when my 19 year old son came into the bedroom.
He has been charged with ABH and criminal damage. I also noted in my statement that he first attacked me on 17 December, but this was whilst we were in a foreign country and it was not reported.
He has attacked a previous girlfriend but no police action was called for.
He has a previous drunk driving charge resulting in a ban in January 2011 and regained his licence in April 2012.
He has pleaded guilty in his statement and hopefully will in Court so my son and I do not need to attend.
What is his likely sentence to be?
Answers
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what next for you is to get rid of said partner
the sentence is immaterial
will the courts do you a favour and imprison him - no probably not but the fella who knows sentencing forwards and Backwards ( Buenchico ) will doubtless put in his two penny worth - SOON !
you are gonna have to do the getting rid and do it yourself ....
don't delay !
the sentence is immaterial
will the courts do you a favour and imprison him - no probably not but the fella who knows sentencing forwards and Backwards ( Buenchico ) will doubtless put in his two penny worth - SOON !
you are gonna have to do the getting rid and do it yourself ....
don't delay !
I totally agree with grasscarp and PP......you need to get away from this man before he really does you harm.....there is no reason, in ANY circumstances, where a man should hit a woman.
As far as the sentence is concerned, I hope the judge feels strongly about this and gives him the maximum he can......hopefully a long custodial sentence.
You deserve better.....please consider the advice given and wishing you all the best for the future x
As far as the sentence is concerned, I hope the judge feels strongly about this and gives him the maximum he can......hopefully a long custodial sentence.
You deserve better.....please consider the advice given and wishing you all the best for the future x
Thank you for your comments. He has been bailed until the hearing on condition that he does not contact either myself or my son or, attend our places of work. Yes, the relationship is most definitely over. The only problem I have is of emptying the house of his furniture and belongings. The Police came and got his clothes but, as for the rest - no idea what to do. I want him ever contacting me or coming near me again - we had only been living together for three months - came totally out of the blue.
If he has to come back to pick up his stuff ask the police to be present when he does this.....as he cant contact you and has bail conditions.
I am really pleased you said the relationship is now over, and you can plan for the future and hopefully meet a man who can treat you as you deserve to be treated .......as a princess......good luck, my lovely x
I am really pleased you said the relationship is now over, and you can plan for the future and hopefully meet a man who can treat you as you deserve to be treated .......as a princess......good luck, my lovely x
Page 201 of this document give the sentencing guidelines:
http://
It’s difficult to say from your brief description which category the court would view this offence. It could well fall into category one (the most serious). If so your ex is looking at a custodial sentence without doubt. Even if it is classified Cat 2 custody is a serious possibility.
However, there are two other very important things you need to ensure:
Firstly make sure you provide a “Victim Personal Statement”. This gives you the formal opportunity to say how a crime has affected you. The court is obliged to consider its contents and take it into account prior to passing sentence.
But most important of all you need to ensure he is kept away from you in future. Make it clear you want a “restraining order” imposed and that you want it made “until further order”. This means it will last indefinitely unless you both agree to it being lifted.
Witness Care should help you with this and the “officer in the case” (police) should make sure you are in touch with them.
http://
It’s difficult to say from your brief description which category the court would view this offence. It could well fall into category one (the most serious). If so your ex is looking at a custodial sentence without doubt. Even if it is classified Cat 2 custody is a serious possibility.
However, there are two other very important things you need to ensure:
Firstly make sure you provide a “Victim Personal Statement”. This gives you the formal opportunity to say how a crime has affected you. The court is obliged to consider its contents and take it into account prior to passing sentence.
But most important of all you need to ensure he is kept away from you in future. Make it clear you want a “restraining order” imposed and that you want it made “until further order”. This means it will last indefinitely unless you both agree to it being lifted.
Witness Care should help you with this and the “officer in the case” (police) should make sure you are in touch with them.
NJ
That is the way I read it. Up the road for higher sentencing.
I would like to know if the assault involved a fracture of the nose or a suspected fracture.
Before the CPS when officers had the competence to prosecute their own cases without fear of losing them for opting for the higher charge we would have gone for GBH from the onset and probably would get a successful prosecution. Seems like the CPS dumb down assault charges these days.!
That is the way I read it. Up the road for higher sentencing.
I would like to know if the assault involved a fracture of the nose or a suspected fracture.
Before the CPS when officers had the competence to prosecute their own cases without fear of losing them for opting for the higher charge we would have gone for GBH from the onset and probably would get a successful prosecution. Seems like the CPS dumb down assault charges these days.!
Some of the work I used to do was with witnesses and victims, retro (don't do it any more).
On many occasions I have been in no doubt that the CPS would sooner secure a conviction for Common Assault (or even a Public Order offence) by way of a guilty plea than go to trial on ABH (or guilty to ABH instead of trial for GBH). I have aeven seen Common Assault accepted when GBH was originally charged. They do so, so they say, "to spare victims the trauma of giving evidence etc." This was usually done on the day of the trial when the victim had already psyched themselves up to give their evidence and conveniently at a time when they were not best placed to make such a decision (which they had to make in very short order).
There is no doubt in my mind that many victims are being sold a pup. Very often the matter would involve quite severe violence and injuries - easily serious enough to support ABH or even GBH. There would be adequate evidence of the actual assault and of the injuries inflicted. But alas they would persuade the victim to agree to the lesser charge to save them (the CPS) the hassle of a trial.
They also sell it to them on the basis "there is no guarantee of conviction if we go to trial...". Very true, there's always a risk. But very often so overwhelming was the evidence that a conviction was almost a given. Defence advocates know all this of course and they cannot be blamed for doing the best for their clients. They had adequate opportunity to offer a guilty plea to a lesser charge long before trial day but they let it run because (a) there is a chance vital witnesses may not attend (b) there is less time for the offer to be properly considered and (c) it makes very little difference to their client's guilty plea "discount".
I always left the court on those days feeling that justice had not been done.
On many occasions I have been in no doubt that the CPS would sooner secure a conviction for Common Assault (or even a Public Order offence) by way of a guilty plea than go to trial on ABH (or guilty to ABH instead of trial for GBH). I have aeven seen Common Assault accepted when GBH was originally charged. They do so, so they say, "to spare victims the trauma of giving evidence etc." This was usually done on the day of the trial when the victim had already psyched themselves up to give their evidence and conveniently at a time when they were not best placed to make such a decision (which they had to make in very short order).
There is no doubt in my mind that many victims are being sold a pup. Very often the matter would involve quite severe violence and injuries - easily serious enough to support ABH or even GBH. There would be adequate evidence of the actual assault and of the injuries inflicted. But alas they would persuade the victim to agree to the lesser charge to save them (the CPS) the hassle of a trial.
They also sell it to them on the basis "there is no guarantee of conviction if we go to trial...". Very true, there's always a risk. But very often so overwhelming was the evidence that a conviction was almost a given. Defence advocates know all this of course and they cannot be blamed for doing the best for their clients. They had adequate opportunity to offer a guilty plea to a lesser charge long before trial day but they let it run because (a) there is a chance vital witnesses may not attend (b) there is less time for the offer to be properly considered and (c) it makes very little difference to their client's guilty plea "discount".
I always left the court on those days feeling that justice had not been done.
NJ
I know the frustration.I often said to myself,"what is wrong with these people (CPS) in my day we would of taken that on ourselves quite competently and secured a conviction for a more serious and fitting charge"
The victims are being short changed and it is small wonder we dubbed CPS as the Criminal Protection Service. A 19 yr old came out of Hendon Training School with more nous and capability to take on some of these cases.
I know the frustration.I often said to myself,"what is wrong with these people (CPS) in my day we would of taken that on ourselves quite competently and secured a conviction for a more serious and fitting charge"
The victims are being short changed and it is small wonder we dubbed CPS as the Criminal Protection Service. A 19 yr old came out of Hendon Training School with more nous and capability to take on some of these cases.
Hi, me again. It was referred directly to the Crown Court. He was given an option to enter a plea and, he deferred this option, which apparently I was told by the Support Worker is quite common. The appearance on the 19th at Crown Court will be to enter his plea.
When the paramedics arrived they told the police I had a suspected broken nose and, a couple of blows to the head which meant someone had to stay with me for 24 hours.
When the paramedics arrived they told the police I had a suspected broken nose and, a couple of blows to the head which meant someone had to stay with me for 24 hours.
Update for anyone in the same position. I was asked if I would accept a plea of guilty for assault by beating. I answered no. Medical records were then asked for by the CPS and an updated statement. Today, he pleaded guilty to ABH and Criminal Damage. He received a 9 month prison sentence suspended for 18 months, 150 hours community service and a five year restraining order for myself and my son. So, if you are ever in the position where you asked to accept a lower plea and, you know the medical evidence will back up the higher charge, stick to your guns.....
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