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Abh
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My partners brother in law was started on at a wedding last year so my partner went over to help/stop it but they went for him so he punched one of them then left cos his children were with us, his brother in law carried on , now the menhow started it, took them to court for abh and affray. The affray got dropped but my partner got found guilty for one abh, its his first offence and and the man had brusing, my partners brother in law got abh for both men which one got a broken nose, my partner is not getting done for the man with a broken nose. My partner is to go back for sentencin this week, will he go to prison, it is at magistrates?
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Now that mamjet is feeling a self-righteous glow at your expense I'll try and answer the question for you!
The magistrates guidelines for ABH for a first time offender pleading guilty is a custodial sentence. But the quoted mitigating factors are :minor injury, provocation, single blow etc. all of which seem to apply to this case.
If these are stressed and the court see the events in a similar way to how you describe them I'd be surprised if he received a custodial sentence.
I am a bit surprised that he was charged with ABH if the other guy only had bruising - I guess it must have been bad
The magistrates guidelines for ABH for a first time offender pleading guilty is a custodial sentence. But the quoted mitigating factors are :minor injury, provocation, single blow etc. all of which seem to apply to this case.
If these are stressed and the court see the events in a similar way to how you describe them I'd be surprised if he received a custodial sentence.
I am a bit surprised that he was charged with ABH if the other guy only had bruising - I guess it must have been bad
It doesn't sound as if your partner was well advised!
Self defense is tough at the best of times and you've said yourself that he went over to help/stop it so he could hardly claim he had no other option but to fight!
He'd have been better pleading guilty to common assault - did nobody try to get the charge reduced?
Well it's a bit late now - he should be OK providing the magistrates don't think he's likely to be a danger to the general public
Self defense is tough at the best of times and you've said yourself that he went over to help/stop it so he could hardly claim he had no other option but to fight!
He'd have been better pleading guilty to common assault - did nobody try to get the charge reduced?
Well it's a bit late now - he should be OK providing the magistrates don't think he's likely to be a danger to the general public
if its his first offence probably not, he must explain to magistates the situation etc and plead for them to understand what has happened.
In answer to your question yes they do have the power to send him to prison, magistrates i think can only serve a custodial sentance for 3months max
ias long as he can prove to magistrates he is of good character and this was a mistake to help family he could get off with a conditional discharge
if he plays his cards right
In answer to your question yes they do have the power to send him to prison, magistrates i think can only serve a custodial sentance for 3months max
ias long as he can prove to magistrates he is of good character and this was a mistake to help family he could get off with a conditional discharge
if he plays his cards right
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