violent disorder

[kake01]

i have been charged with violent disorder and the scene has been caught of cctv, this is my first offence and i have no previous convictions - what sort of sentence can i expect?

[dizmouk2009]

That would depend, what exactly did you do?

[another-view]

All depends on what you did. Care to expand?

[dizmouk2009]

Theres another thread that touches on 'violent disorder' - I feel some of it to be appropriate - http://www.theanswerb...l/Question616635.html

[kake01]

i am seen kicking the victims whilst they are standing up and once when one was on the ground

[another-view]

Why did you do that? We need the full story to hear any mitigating circumstances.

[kake01]

it was a spur-of the moment type of thing,

[another-view]

You attacked them for no reason?
Sounds like you're going down to me and rightly so.

[kake01]

thanks

[kake01]

i didnt attack them for no reason, they pursued us in the nightclub and then came outside to attack us - but the only thing on the footage is us in the street.

[another-view]

Well why didn't you say that? It sounded like you attcked them for no reason.
As I say, we really need the full story in order to comment.

[kake01]

basically, they were f'ing and blinding at us in the club & the bouncers asked both parties to leave - we then went outside of the club - where alot of shouting and threats were being made - then it kicked off, at the start of the incident there was around 12 of us and around 15 of them, but when it kicked off most of them ran away - leaving 3 of them and 12 of us- not all 12 us got involved however 4 of us did. please advise on the situation.

[dizmouk2009]

Do you like prison food?

[New Judge]

Violent disorder is a serious offence.

Although it may be dealt with at the magistrates’ court, sentencing guidelines suggest that magistrates should deal with the matter only in very exceptional circumstances, and even if they do a custodial sentence is almost inevitable.

If the CPS persists with this charge and you are convicted of it it is almost inevitable that you will receive a custodial sentence.

[dizmouk2009]

Under the circumstances, giving 'an' opinion (from a magistrate), if you were to appear in front of crown court you'd be looking at 18 months imprisonment. The reason this person has formed this opinion is because:

You used your foot/feet which, is/are classed as weapons.
I understand from your above post that you kicked one of them whilst they were on the ground? This also looks extremely bad for you.
The fact that even though only 4 out of 12 people were doing any attacking doesn't make much difference, it's still 12 vs 3 which also looks extremely bad for you.

That chances are you are looking at imprisonment but this is only an opinion formed by someone who isn't a judge.

[sumo19]

It is ABH or GBH?

Is the actual working of the crime you are being charged for violent disorder?

If it is not either ABH or GBH then if you are convicted, assuming you do go to jail it won't be too long. 3 months or something if the damage was not too serious.

The only reason why you are getting charged and not just getting a caution is that you kicked him whilst he was on the ground I rekon.

You'll probably get find quit alot.

[New Judge]

If kake01 is charged with Violent Disorder, sumo, then it is neither ABH nor GBH, but Violent Disorder. This is contrary to the Public Order Act 1986 (Section 2) and is nothing to do with Offences Against the Person Act (1861) to which ABH and GBH relate.

Public Order Offences concentrate more on the overall behaviour of those accused rather than injuries to persons that their behaviour causes.

As I said, other than in very exceptional circumstances, magistrates are advised to commit the matter to the Crown Court for either trial or sentence. This indicates that their sentencing powers (6months custody) are usually deemed insufficient. A fine is most certainly not an appropriate disposal for this offence in any circumstances.

[sumo19]

1-1 new judge haha. Standing corrected

[dizmouk2009]

I was sure that magistrates could sentence someone to 2x6months custody; maybe not in these circumstances but I'm 90% sure that they can. I don't mind being corrected, no doubt I'm probably wrong :)

[New Judge]

Only when they are sentencing for two or more "either-way" offences, dizmouk. Only one offence is involved here.