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Convicted of ABH - No previous convictions
Hi everyone. I just wanted to post my recent experiences online to get some genuine honest feedback.
Last March I was involved in an incident outside a bar. I was struck to the side of the face whilst not looking by a male, my gut reaction as a former rugby player was to tackle him to the ground and we had a scuffle. Police were called and I was arrested and charged with GBH. I was asked if I wanted to press charges and I said no, I did have multiple cuts and bruises to my face but nothing serious, the attacker had similar injuries. I moved the experience to the back of my mind as I didn’t think it would be going to court and the charges would be dropped.
Eventually though I got a court summons. I obviously pleaded not guilty as it was self-defence. The charges had been dropped to ABH due to the injuries being minor I had one witness and he had two, all of which were bias, i.e. – no independent witness statements. I contested the charges and lost the case; the judge simply did not believe my version of events and convicted me of ABH.
This is the first time I have ever been involved in anything like this and it is my first ever conviction. I am a 23 year old student in my final year of university. I have a fantastic academic record and a bright future ahead of me. I come from a well-respected family and am liked throughout the community. The probation report suggested I get a conditional discharge or possibly a fine. I got sentenced yesterday, 6 months in prison. I am now appealing the sentence.
Your thoughts on the conviction/sentence?
Last March I was involved in an incident outside a bar. I was struck to the side of the face whilst not looking by a male, my gut reaction as a former rugby player was to tackle him to the ground and we had a scuffle. Police were called and I was arrested and charged with GBH. I was asked if I wanted to press charges and I said no, I did have multiple cuts and bruises to my face but nothing serious, the attacker had similar injuries. I moved the experience to the back of my mind as I didn’t think it would be going to court and the charges would be dropped.
Eventually though I got a court summons. I obviously pleaded not guilty as it was self-defence. The charges had been dropped to ABH due to the injuries being minor I had one witness and he had two, all of which were bias, i.e. – no independent witness statements. I contested the charges and lost the case; the judge simply did not believe my version of events and convicted me of ABH.
This is the first time I have ever been involved in anything like this and it is my first ever conviction. I am a 23 year old student in my final year of university. I have a fantastic academic record and a bright future ahead of me. I come from a well-respected family and am liked throughout the community. The probation report suggested I get a conditional discharge or possibly a fine. I got sentenced yesterday, 6 months in prison. I am now appealing the sentence.
Your thoughts on the conviction/sentence?
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mike11111 - The prosecution stated that I tackled the male completely unprovoked and that he was then beat up while on the ground by other members of my party.
The “good reason” she is giving me 6 months in prison is that she believed the prosecutions version of events, simple as that.
Additional note - I was given two days’ notice for my court date and told I would not be going on trial the day that I actually did go on trial by my solicitor, therefore was incredibly underprepared as it had been almost 12 months since the indecent. (Obviously I have changed solicitor since).
I’m not saying that I am special or looking for sympathy, I just feel that the judge has tried to make an example of me for not lying down and pleading guilty. I’ve decided to appeal the sentence and not the conviction for fear of losing again and getting an even longer sentence. I know to a lot of people this won’t mean much and is no big deal, but truth be told I am terrified and feel that the sentence is over the top considering the injuries were minor. The ‘victim’ was out of work for 3 days with a graze to his lower back and back of his head with tenderness to his right cheek. I’ll copy and paste the exact medical report for you guys to have a look at if you’d like?
The “good reason” she is giving me 6 months in prison is that she believed the prosecutions version of events, simple as that.
Additional note - I was given two days’ notice for my court date and told I would not be going on trial the day that I actually did go on trial by my solicitor, therefore was incredibly underprepared as it had been almost 12 months since the indecent. (Obviously I have changed solicitor since).
I’m not saying that I am special or looking for sympathy, I just feel that the judge has tried to make an example of me for not lying down and pleading guilty. I’ve decided to appeal the sentence and not the conviction for fear of losing again and getting an even longer sentence. I know to a lot of people this won’t mean much and is no big deal, but truth be told I am terrified and feel that the sentence is over the top considering the injuries were minor. The ‘victim’ was out of work for 3 days with a graze to his lower back and back of his head with tenderness to his right cheek. I’ll copy and paste the exact medical report for you guys to have a look at if you’d like?
jno - In my statement I said that the male had attacked me first, so they asked me if I wanted to press charges against him.
Looking back I know I should have, but I honestly thought nothing would come of it! I'm a student, so money and time is limited and I didn't want the hassle or expense that court would imply.
Hindsight is 20/20 vision I guess.
Looking back I know I should have, but I honestly thought nothing would come of it! I'm a student, so money and time is limited and I didn't want the hassle or expense that court would imply.
Hindsight is 20/20 vision I guess.
no CCTV footage then?
seems a bit harsh.
As for not believing you, there has to be more to it....police reports, detailing your attitude etc on the night in question.
How this went to court though in the first place is crazy, seems a waste of time for all concerned. - Two idiots had a bit of a scrap, let them cool down in the cells, and hit them with a fine - with the condition it happens again its jail time - surely thats an easier way of doing things
seems a bit harsh.
As for not believing you, there has to be more to it....police reports, detailing your attitude etc on the night in question.
How this went to court though in the first place is crazy, seems a waste of time for all concerned. - Two idiots had a bit of a scrap, let them cool down in the cells, and hit them with a fine - with the condition it happens again its jail time - surely thats an easier way of doing things
JackDanielsU - Well the attacker is around 35 years old with no convictions and his wife was one of the witnesses, she is also around the same age.
Everyone involved had consumed alcohol. So I guess putting two unprepaired 22 year old guys (at the time) against a married couple in their mid 30's it already looks bad. I know I didn't preform well in court, and ultimately was unprepaired. Also the fact I didn't press charges against him didn't help.
Everyone involved had consumed alcohol. So I guess putting two unprepaired 22 year old guys (at the time) against a married couple in their mid 30's it already looks bad. I know I didn't preform well in court, and ultimately was unprepaired. Also the fact I didn't press charges against him didn't help.
I wouldn't have done so either. In hindsight both of us would have been wrong. I wouldn't go alleging that the judge was acting improperly in trying to make an example of you; sounds like she just got it wrong, maybe because of something about your demeanour. You might consider appealing on the grounds that you were unprepared for trial because of your solicitor's incompetence, though I don't know what the actual legal grounds would be in such a case.
-- answer removed --
I was able to post bail about 30 minutes after the sentencing. I'm applying to appeal on the 17th. My solicitor said due to the fact that the probation report is at the complete opposite scale of the judges decision I could have grounds for appeal.
I'm not going to appeal the conviction so I won't need to explain about being unprepaired I don't think. Even at 3 months in prison it is something I really want to avoid.
Obviously there is no "ideal" time to go to prison, but my dad is going through chemo therapy for bowel cancer and my mother has arthritis in her right knee and ankle, I play a huge role within my family and they depend on me a lot. As well as the fact it will stop me graduating this year, I'm currently awaiting an email from my course director asking him if it would be possible for me to repeat final year next year.
I'm not going to appeal the conviction so I won't need to explain about being unprepaired I don't think. Even at 3 months in prison it is something I really want to avoid.
Obviously there is no "ideal" time to go to prison, but my dad is going through chemo therapy for bowel cancer and my mother has arthritis in her right knee and ankle, I play a huge role within my family and they depend on me a lot. As well as the fact it will stop me graduating this year, I'm currently awaiting an email from my course director asking him if it would be possible for me to repeat final year next year.
Lily_Lilbert - Very good question. I changed solicitor today. Phoned one that was highly recommended to me by several close friends and had a long talk with him over the phone (he was a judge for around 15 years himself).
He told me he could take the case on be confident he would win it, however, he told me to use another solicitor who he said is even better than he is, and if I want to make sure I get justice to use him.
NB - The judge who convicted me (not sure I should mention her name), apparently is heavily involved in a campaign against bar fights in Northern Ireland. So far it would appear she is taking my case as an opportunity to send a strong, zero-tolerence message. I'm not holding my breath though.
He told me he could take the case on be confident he would win it, however, he told me to use another solicitor who he said is even better than he is, and if I want to make sure I get justice to use him.
NB - The judge who convicted me (not sure I should mention her name), apparently is heavily involved in a campaign against bar fights in Northern Ireland. So far it would appear she is taking my case as an opportunity to send a strong, zero-tolerence message. I'm not holding my breath though.
Well I got 12 weeks for common assault. No previous convictions. One persons word against mine. Now no job, house career and the state can look after me instead.
The prison system is bursting and it appears everyones getting sent there (MP's!).
Does it work? No. Complete waste of time that ends up costing society even more once you come out. Even the chaps in the prison service think short sentencing is a waste of time. Luckily I can take my career to foreign shores as I really don't want to contribute any more top rate taxes to the 'justice' system. My sentencing was like being in a Tesco Deli counter. There was 4 unconnected cases sitting in a row inside the magistrates court and it was a case of 'next'. Production line justice Camberwell Magistrates style :)
The prison system is bursting and it appears everyones getting sent there (MP's!).
Does it work? No. Complete waste of time that ends up costing society even more once you come out. Even the chaps in the prison service think short sentencing is a waste of time. Luckily I can take my career to foreign shores as I really don't want to contribute any more top rate taxes to the 'justice' system. My sentencing was like being in a Tesco Deli counter. There was 4 unconnected cases sitting in a row inside the magistrates court and it was a case of 'next'. Production line justice Camberwell Magistrates style :)
Stefan42
I seen my solicitor today and she told me that worst case senerio if I am found guilty then it will be a suspended sentence but there is a good chance it won't reach that far. I think now that you have appealed your sentence will be suspended also, having a criminal recorded should be enough punishment for you. 1 act of madness should not wreck someones life, you will be fine too. Don't worry too much and get on with your life regardless of the outcome.
I seen my solicitor today and she told me that worst case senerio if I am found guilty then it will be a suspended sentence but there is a good chance it won't reach that far. I think now that you have appealed your sentence will be suspended also, having a criminal recorded should be enough punishment for you. 1 act of madness should not wreck someones life, you will be fine too. Don't worry too much and get on with your life regardless of the outcome.
I'm very sorry but i tend not to agree that a sentence was harsh. I was attacked in my hotel room and my attacker has shown no remorse that he left in quite bad condition and put my in hospital. Drunken brawls usually adopt the response of It was just gut reaction, or I didn't put much effort into it. U all have excuses for why you did it but i truly believe that the legal system should make an example of people who commit violent crimes under the influence of alcohol as this is when the most damage is inflicted on the victim. U were offered the chance to press charges and this may or may not have been a get out of jail card, the fact is this person you fought with was injured and the police thought his injuries bad enough to warrant a charge against you. Believe me if there was nothing wrong with the other party they would not have wasted their time, I'm sorry for you as you were in the wrong place at the wrong time but your gut reaction and the fact you injured another person is the reason you have been sent to prison and not because you chose not to press charges.
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