Abh And Affray

[Reddangel91]

Hey I know everybody probably asks a lot about this but I'm really looking for some answers and hopefully some reassurance :/
My boyfriend was up in court for abh and affray he pleaded not guilty as he didn't actually do anything but got found guilty of both charges he has been let out on bail but is now waiting for a sentencing :( he was honestly in the wrong place at the wrong time :/
What's the chances of him getting a suspended sentence ? He does have previous for battery and common assault
Please be honest what is he looking at and how long ?
I know it sounds shady that he didn't do anything considering his previous but honestly he really was in the wrong place at the wrong time

[Reddangel91]

Other people may be doing bad things but I can assure you this is nothing like that my bf was accused of punching a guy in the face that is all

[AB Editor]

Please ignore anyone who seems set out to "judge" you. It isn't the spirit of The AnswerBank and the law section can be very helpful to someone in your position.

[nailit]

never replied to AB Editor before but have to agree. AB law section has been very helpful to me in the past.

[AB Editor]

Nailit :)

Hopefully one of the clever law people will be along shortly. Reddangel91 - you might need to describe the situation better for ABers to get a real grip on what's going on.

[nailit]

Redangel, cant answer your question but I was convicted after a trial last year of affray (my previous posts are on here) and I definetly wasnt guilty. *** happens I guess. However I recieved a suspended sentence and a probation order. Dont know how it will play out with an ABH charge as well. I wish your BF well.
(have previously served 8 months on an ABH charge....but *** seems to carry on)

[nailit]

AB Editor, agreed but this 'swear filter' needs sorting, lol

[Peter Pedant]

BC is a good fella and he will be along.
You can amuse yourself by going over previous thread in this section ( and criminal ) on ABH.
BC seems to have the sentencing guidelines on permanent tap
[BUT it looks as though it would be suspended from what he's said previous threads]

[Reddangel91]

Okay my boyfriend and his friends went to a nightclub and he wandered around seeing who else was in the club and went to get a drink during the night a fight broke out and one person was punched and another was glassed (even though they only use plastic glasses in the club) when in the crown court the first witness stated that male 1 who was supposed to be my boyfriend was standing infront of him with his arms held out to his sides as if to say "what" and the witness was then hit from the left side of his face this caused a large welt above his eye and a bruised nose and eye the jury found my bf guilty and he has been probation for a pre sentence report so due to be sentenced soon :/ just wanna know what he is looking at worst case scenario or if there is a possibility of the crown court giving him a suspended sentence

[Reddangel91]

He hasn't deny being in the club but he states that he didn't see the fight as he thinks he was in the toilet at the time

[Buenchico]

ABH offences are divided (for the purposes of sentencing) into 3 categories. Judges must consider both 'harm' and 'culpability' and decide whether each is 'high' or 'low'.

'Harm' will be 'high' if the injuries, or psychological effects, resulting from the assault are relatively serious when compared to ABH offences as a whole. 'Culpability' will be 'high' if the offence is related to the victim's sexual orientation or to his disability or if a weapon was used in the assault, which includes kicking the victim or headbutting him. (Other factors may also apply in determining whether 'culpability' is 'high' or 'low').

If both factors are 'high', it's a Category 1 offence, with the judge having to work up or down from a 'starting point' sentence of 18 months imprisonment and not being able to go below 1 year or above 3 years.

If only one factor is 'high', it's Category 2, with a 'starting point' of 6 months imprisonment and a range going from a 'low level' Community Order up to 51 weeks imprisonment.

If both factors are 'low', it's Category 3, where a custodial sentence isn't available to the judge. The 'starting point' is a 'medium level' Community Order, with the range going from a fine up to a 'high level' Community Order.

So it should be clear that the likely sentence your boyfriend will receive for ABH will depend to a very large extent upon which category the judge sees the offence as falling into. (Given that he's got previous convictions for violence, and that he pleaded 'not guilty', it's very likely that the sentence will be near to the top of the appropriate range. It's also unlikely that a suspended sentence would be passed).

So, solely with regard to the ABH offence, if it's 'Category 3', he's safe from a custodial sentence. If it's 'Category 2' then he's almost certainly going to prison, perhaps with a 10 month sentence.

Affray is far trickier to advise upon as there are no official sentencing guidelines. However judges will look at case law to see what sentence might be appropriate. The following is a cut-&-paste from the CPS website:

"R v Fox and Hicks [2006] 1 Cr. App. R. (S) 17 CA
Football match. Opposing fans, threats, debris thrown. Guilty pleas, albeit on first day of trial.
H, age 25 had relevant and very recent pre cons and was on bail at the time of the offence. He pleaded provocation.
F, aged 35 and a family man, was of good character and had participated to a lesser extent.
F was sentenced to 8 months and H to 12 months."

As that example illustrates, a conviction for affray is very likely to result in a custodial sentence and, even if the ABH is only 'Category 3', that's where your boyfriend's biggest problem might lie.

My guess (and it can be no more than that because I've not got the full facts to hand) is that the affray conviction might result in imprisonment for perhaps 10 months. If the ABH offence is 'Category 2' then that might also result in the same sentence, probably to be served concurrently. (If the offence is 'Category 3' then it's largely irrelevant here. If it's 'Category 1' then a sentence of 2½ years, to be served concurrently with the affray sentence, might be passed).

So (given that offenders are normally only 'banged up' for half of their nominal sentence) my guess is that your boyfriend will actually spend around 5 months in prison.

[Peter Pedant]

Thx BC

Jesus no *** - you go out for a drink and get 5 m in the slammer !
The world we live in

[Reddangel91]

Thank you for that answer that's cleared a few things up for me :) I think the judge is going to run the offenses co current I think it's called ? So hopefully it will be seen as a catagory 3 and he will not get a custodial sentence

[nailit]

short answer is, you never know. As I said, I was found guilty after trial of threatening two police officers with a knife (I didnt but that a different story). My experience of the law is that it is indeed an ass and people can post with the sen tencing guidelines but until the day of sentencing you wont know. I went to court prepared for a sentance but got it suspended.
Just my twopennarth worth...

[Reddangel91]

Let's just hope that's what he gets thank you all for the posts I really appreciate it

[nailit]

Just curious here, Redangel, but whats his Barrister say? (I presume Barrister)?
Crown Court?

[nailit]

Course its Crown court, just reread.

[Reddangel91]

His barrister has said that she will fight for a suspended sentence but we have to prepare for the worst and if the worst does happen we have to be prepared for at least a 2 year sentence

[nailit]

maybe not much comfort Red, but its my experience that lawyers (either solicitor or barristor) put to you the worse case scenorio and then take credit when its reduced....when in actuallity its always reduced anyway.

[EDDIE51]

If it was just the ABH I would say 'no chance of jail' but the Affray and the previous makes it a lot less certain. I have to say my thoughts are a short jail term, (1 year max) looms for him. Remember he will only serve 1/2 the sentence and almost certainly qualify for even earlier release 'On Tag' so it could be as little as 4 months inside. No use now but if he had pleaded guilty he would have stood a high chance of a non custodial sentence.