Abh - First Time Offender/use Of Weapon - Please Help!

[luke5121]

Whole thing started with a random attack on me as exiting nightclub toilets, gang of 5, 2 of whom held me by the neck (on CCTV) - I mouth off and get kicked out. Outside the club I get rushed by the group again, I have bruises on my face, and they run away.

As my friend see's this he runs off towards them around a corner out of sight. I run behind (to initially prevent him getting beaten up), as I get round the corner he is hitting 3 of them with his belt, I take off my belt (I DONT KNOW WHY) - I was stupidly drunk and not myself at all!!!

I don't hit anyone except for a guy who is already on the floor - just once.

After being arrested and shown CCTV I have been charged with ABH Section 47.

I am absolutely petrified of what I've done to my life, University (I'm 20), girlfriend, I have never offended before - But I'm so scared of going to prison... But at the same time what I did was NOT right, and shouldn't be disregarded I know... Any advice of what to expect please?!

[mackfender]

As you have not offended before, I think that prison is out of the question. Seek legal advice without delay. I would think that a Conditional discharge or at the most, a suspended sentence would be appropiate. Ask your girfriend/ friends to give you a character reference. It doesn't look good chasing after them and hitting someone while they are on the floor, but they initially started the problem. Don't worry too much, I think all will come out well..

[luke5121]

I have got a solicitor involved already, I got released only this morning, so I will have to wait until Monday to talk to them.

I have just finished my exams at college and got amazing grades should I get one from my college tutor too?

Thing is I used a WEAPON and he was down... I'm so scared of inprisonment!!

[mackfender]

One from your college tutor would be excellent. I'm sure that you will feel a little easier after speaking to your solicitor. I think there is no chance of a prison sentence as you have never offended before, also there were mitigating circumstances. Try not to panic too much, easy for me to say I know...

[luke5121]

Are you really that sure?! Thanks for your encouraging replies

[mackfender]

Pretty certain, did the police view the cctv attack on you, and if so , What were their comments ?

[ELVIS68]

Prison seems unlikely unless you did him serious damage but as its a first offence and you were attacked first you should be okay

[Orderlimit]

And an early guilty plea at the first reasonable opportunity (at court) allows a recommended reduction in sentencing of 1/3 rd.

[luke5121]

At the time in cells and interview they had the CCTV for just my attack, however they said they definitely will have CCTV for both the prior attacks on me. I think it's that which got the charge lowered from the initially expected GHB charge..

[luke5121]

And just to add he was in hospital for less than a whole day maybe stitches i don't know?.. It boils down to my foolish use of weapon and hitting him when down (vulnerable) which makes my case worse

[mackfender]

Plead guilty, apologise to the court and state that it will never happen again, and that you only took the foolish revenge as you were attacked first. Say you attacked the man as your were very scared that he would start the attack on you again... You'll be ok, I'm sure..

[mackfender]

If he was already on the floor, had your friend attacked him first, or, had he fallen while running away. Keep all this in mind when you see your solicitor..

[luke5121]

He had fallen because my friend hit him.. So it looks like I took opportunity of his vulnerability

[mackfender]

So in fact your friend could have caused the injuries he was treated for ? . As I said, see what your solicitor has to say, and try not to worry worry too much.

[luke5121]

Brilliant, thanks again! I will post back on Monday with what has happened, hopefully you swing by

[mackfender]

I'll pop back on Monday for your update .... Take care

[New Judge]

Magistrates’ sentencing guidelines for Section 47 are shown on page 201 of this document:

http://sentencingcouncil.judiciary.gov.uk/docs/MCSG_Update9_October_2012.pdf

You will see that, for sentencing purposes, the offence is divided into three broad categories. From your brief description I imagine the court will put your particular offence into Category 3 (lesser harm and lower culpability). You can see that the suggested sentencing “starting point” is a Medium Level Community Order (your solicitor will explain what this may mean). You will also see that the offence has a sentencing “range” of a fine to a High Level Community Order. In your favour is your lack of previous convictions and (presumably) your guilty plea. Depending on all the circumstances you may be handed a fine or perhaps a low level of unpaid work. Also expect to pay prosecution cost (about £80 if you plead guilty) and a Victim Surcharge (if you are fined it will be 10% of that fine with a minimum of £20, if you receive a Community Order it will be £60).

[luke5121]

Thanks for your reply that's a huge lift of my shoulders, only thing is the use of weapon and vulnerablility of him being on the floor makes it higher culpritability doesn't it making it go to a higher category?

[tomyoung90]

You won't go to prison for s.47 ABH if it is a first time offence, so don't worry. However, you will likely be given a supervision order and probably community service.

Because you hit the guy on the floor, you cannot argue that it was self defence, as he posed no threat to you or your friend. For that reason I would suggest a plea of guilty, which will reduce your sentence by one third if entered at the earliest opportunity. Shouldn't effect uni as it does not show a propensity for violence but may make it more difficult to find a job. Can't say what your girlfriend will do.

However, I must stress that it is imperative that you see a solicitor and discuss your case with them. Do not act solely on the advice you find here, as it is no substitute for that of a professional with your case papers in front of them.

[New Judge]

It may do, luke, but I doubt it (although it is always difficult to judge from brief descriptions)

If you look at the aggravating and mitigating factors on p202 (but remember these are not exhaustive) you will see that the offence must demonstrate either greater harm or greater culpability to go up to Category 2. As far as the harm goes you have said there were no serious injuries sustained (but see below), the victim was not particularly vulnerable (vulnerability in this context means vulnerable because, say, he was disabled, elderly or something like that) and your attack was not repeated. The only aggravating feature I can see from your description is that fact that you used your belt. This will certainly not go in your favour but it is not the same as using a knife or a cosh (which would involve some degree of premeditation).

I am, however, a little concerned about the injuries. You said the victim spent less than a day in hospital and may possibly have needed stitches. This makes the injuries serious. Further, you said that a charge of GBH was considered. The factor which determines ABH or GBH is the level of injuries sustained rather than any other of the circumstances and the fact that GBH was considered must mean that serious injuries were perhaps present. However, even if the offence is classed as category 2 I still believe that custody is extremely unlikely given your remorse (which your solicitor will explain to the court) and your good record. A suspended prison sentence is also unlikely because for such a sentence to be imposed the offence must pass the custody threshold and I do not believe, even at its most serious, that your does.

These things are never cut and dried and a chat with your solicitor may help you understand the likely outcome. You should bear in mind, however, that regardless of the sentencing outcome you will have a criminal conviction for violence on your record. This conviction will become “spent” after 5 years (if you are fined or sentenced to a community order) which means you do not have to declare it if anybody asks after that time. However some professions and positions are exempt from this and you may always have to declare the offence if you follow a career in an exempt profession. Google "Rehabilitation of Offenders Act 1974" for more details.

I'd be interested to learn the outcome.