Quizzes & Puzzles1 min ago
First offence S47
My wife had a relationship with someone, we had a bad argument over it and i slapped on her body and breast few times causing black bruises on breast. i am charged with s47 and under police bail now, the only witnes is my 12 years old son. the prosecutor is applying to take the case from magistrate court to the crown court.
This is my ist offence and i was provoked, Can someone advise me wats most likely to happen regarding sentence?
Thanks
This is my ist offence and i was provoked, Can someone advise me wats most likely to happen regarding sentence?
Thanks
Answers
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http://sentencingcoun...ine_-_Crown_Court.pdf as chris isnt around, ill post the document he posts. This link is the document the judges refer to when passing sentance, so you can look up your own (page 11 deals with s47)
If the prosecution is seeking to have the matter heard in the crown court rather than the magistrates court the maximum sentence upon conviction is 5 years imprisonment, in the magistrates court on summary conviction the maximum sentence is 6 months imprisonment. These are the maximum sentences which the court may well not apply it will depend on the circumstances.
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s.47 OAPA carries maximum sentence of 5 years imprisonment. However, if it is the first time you have committed this offence or any other violent offence and you haven't caused any more serious harm than bruising you won't get anywhere near that.
The circumstances as you describe them suggest that you fall into a category 3 s.47 assault - this means that less harm has been caused to the victim and you are less culpable for the harm being caused. However, if it can be shown that the attack was premeditated (you planned it), then you may fall into category 2. If you are category 3, the starting point is a mid level community order but the court can impose anything up to a high level order or band A fine. If you are category 2 then you are facing prison. The starting point is 26 weeks in prison but you may receive anything from a band A fine to 51 weeks in prison. It is worth pointing out that if you were to receive a custodial sentence then it would be automatically halfed as it would be for a period of less than four years.
The fact that the CPS want to have you tried on indictment (at Crown Court) suggests that they may see your offence as more serious than you have represented it to be. This is because Crown Court can impose higher sentences then mags (over 6 months).
My advice is to think very carefully. If you are guilty, as you appear to admit here, get a good solicitor and plead guilty at the EARLIEST opportunity. This will get you 1/3 off your sentence. Also, plead provocation in mitigation and suggest that you would be willing to attend a course to help control your anger. This will undoubtedly give the court a better view of you.
I hope this helps.
The circumstances as you describe them suggest that you fall into a category 3 s.47 assault - this means that less harm has been caused to the victim and you are less culpable for the harm being caused. However, if it can be shown that the attack was premeditated (you planned it), then you may fall into category 2. If you are category 3, the starting point is a mid level community order but the court can impose anything up to a high level order or band A fine. If you are category 2 then you are facing prison. The starting point is 26 weeks in prison but you may receive anything from a band A fine to 51 weeks in prison. It is worth pointing out that if you were to receive a custodial sentence then it would be automatically halfed as it would be for a period of less than four years.
The fact that the CPS want to have you tried on indictment (at Crown Court) suggests that they may see your offence as more serious than you have represented it to be. This is because Crown Court can impose higher sentences then mags (over 6 months).
My advice is to think very carefully. If you are guilty, as you appear to admit here, get a good solicitor and plead guilty at the EARLIEST opportunity. This will get you 1/3 off your sentence. Also, plead provocation in mitigation and suggest that you would be willing to attend a course to help control your anger. This will undoubtedly give the court a better view of you.
I hope this helps.
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