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Jury Made Their Decision
So the jury found my bf not guilty to section 18 with intent but found him guilty to section 20 without intent the judge sentenced him to 21 months in prison because he has done 4 months on remand how long will he have to serve?
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“…that's why he gave him 21 months do half of that then take his 4 months off that leaves to 5 months”
Half of 21 months is 10.5 months. Four months spent on remand knocks it down to 6.5 months (not 5). But as I said earlier, he will almost certainly be eligible for “Home Detention Curfew” for the final three months so he should be out in three and a half months (around the middle of March).
Half of 21 months is 10.5 months. Four months spent on remand knocks it down to 6.5 months (not 5). But as I said earlier, he will almost certainly be eligible for “Home Detention Curfew” for the final three months so he should be out in three and a half months (around the middle of March).
I'm so confused with this I don't know whether the judge was "not happy" because he believed he should not have been convicted at all or whether he was displeased because he thought the jury should have returned a verdict of guilty to S18.
If the former, then once a guilty verdict is returned the judge is bound to sentence in accordance with the guidelines. Page 8 of this document:
https:/
suggests that the judge must have considered the offence to be in "Category 2" of seriousness where the "starting point" is 18 months and the sentencing range 12 to 36 months. So clearly the judge could have imposed a lower sentence whilst keeping within the guidelines or he could, at his discretion, sentence outside the guidelines if there is justification to do so. So 21 months indicates that, whatever made him unhappy, he could not have been too unhappy.
If the former, then once a guilty verdict is returned the judge is bound to sentence in accordance with the guidelines. Page 8 of this document:
https:/
suggests that the judge must have considered the offence to be in "Category 2" of seriousness where the "starting point" is 18 months and the sentencing range 12 to 36 months. So clearly the judge could have imposed a lower sentence whilst keeping within the guidelines or he could, at his discretion, sentence outside the guidelines if there is justification to do so. So 21 months indicates that, whatever made him unhappy, he could not have been too unhappy.
-- answer removed --
Like the “release at half way” system, it does not seem as though HDC is in any way dependent on good behaviour, Eddie:
“Prisoners will usually be considered for HDC unless they are statutorily excluded from the scheme. Prisoners who are statutorily excluded include those who have committed violent or sex offences who are currently serving an extended sentence under the Crime and Disorder Act 1998.
Prisoners serving sentences for certain offences are "presumed unsuitable" for HDC, and will not be released unless the Governor agrees to their exceptional circumstances. This rule also applies to prisoners with any history of sexual offending who are not already statutorily excluded from the scheme. HDC is not an entitlement and can only be granted subject to prisoners meeting the eligibility criteria and passing a risk assessment, including a home circumstances check.”
I’ve had a quick glance through the HDC guidance and nowhere does it say that it should be denied in the event of “bad behaviour”. So even though it says above that it is not an "entitlement" it certainly looks to be for most prisoners.
“Prisoners will usually be considered for HDC unless they are statutorily excluded from the scheme. Prisoners who are statutorily excluded include those who have committed violent or sex offences who are currently serving an extended sentence under the Crime and Disorder Act 1998.
Prisoners serving sentences for certain offences are "presumed unsuitable" for HDC, and will not be released unless the Governor agrees to their exceptional circumstances. This rule also applies to prisoners with any history of sexual offending who are not already statutorily excluded from the scheme. HDC is not an entitlement and can only be granted subject to prisoners meeting the eligibility criteria and passing a risk assessment, including a home circumstances check.”
I’ve had a quick glance through the HDC guidance and nowhere does it say that it should be denied in the event of “bad behaviour”. So even though it says above that it is not an "entitlement" it certainly looks to be for most prisoners.
// he has done 4 months on remand how long will he have to serve?//
//Yeah the judge did say hes to serve another 5 Months on good behaviour//
I would say five months is about it ( judges are never wrong)
thanks for keeping us up to date
Did he plead guilty ?
or was there a case heard and the judge say to the jury - you have a choice gentlemen of the jury ....
anyway I hope everything goes OK from now on
your other posts were nt erased by any application from us
the mods in a quiet moment sort of come in and clean with a duster and bit of spray polish .... some quite good stuff then goes down the can.
//Yeah the judge did say hes to serve another 5 Months on good behaviour//
I would say five months is about it ( judges are never wrong)
thanks for keeping us up to date
Did he plead guilty ?
or was there a case heard and the judge say to the jury - you have a choice gentlemen of the jury ....
anyway I hope everything goes OK from now on
your other posts were nt erased by any application from us
the mods in a quiet moment sort of come in and clean with a duster and bit of spray polish .... some quite good stuff then goes down the can.
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