Abh Prison Sentence?

[hersh]

What do you think the outcome would be for my friend who hit a guy over the head with a crowbar. The attack was from behind and a single blow although he had to be restrained to stop him doing it again. The other guy was knocked unconscious and had concussion but was not kept in hospital

[Ken4155]

Whatever so-called mitigating circumstances your friend will offer up, i think only a lengthy prison sentence will suffice. Let's not forget that but for restraint, the charge could have been murder.

[bookbinder]

https://www.sentencingcouncil.org.uk/offences/item/assault-occasioning-actual-bodily-harm-racially-religiously-aggravated-abh/

[hersh]

To be honest the guy is a pr**k, I should really have used the word acquaintance. I am really wondering if the court will take it less seriously because the other guy wasn't more seriously injured.

[Buenchico]

^^^ If the injuries had been more serious then a charge of 'GBH' or even 'GBH with intent' would have been used. So the low level of injury has ALREADY largely been taken into account (by the use of a lesser charge).

The use of a weapon almost certainly pushes 'culpability' into the 'higher' category. There's quite a good chance that 'harm' will also be seen in the 'higher' category too. (For 'harm' to be low the injuries sustained would normally be something like fairly minor bruising. Knocking someone out and leaving them with concussion would appear to beat the upper end of 'ABH' to me).

If both 'harm' and 'culpability' are seen by the court as being 'high' then it's a 'Category 1 'offence, with a 'starting point' sentence of 18 months imprisonment (which could be reduced to 12months for an early guilty plea). Even if the offence is seen only as 'Category 2' then the 'starting point' is still custodial.

I can't see any way that your friend/acquaintance can avoid a custodial sentence. The only chance he might have of staying out of prison is if that sentence could be suspended. If the attacker has never been before the courts before and if (for example) he could show that he'd been subject to considerable provocation, then he MIGHT see the sentence suspended but I still think that it's more likely that he needs to pack a bag.

[Tuvok]

Someone I knew hit sombody with a spade - he went to jail.

[hersh]

This incident actually happened in their place of work, the guy didn't appreciate getting a telling off so retaliated with the crowbar!

[hersh]

Unfortunately not but there were a few witnesses.

[EDDIE51]

Agree with Buenochico. Definitely a custodial sentence . Lucky it is not GBH S18 .

[New Judge]

"I suspect the one doing the telling off was a 'manager' to the one being told off? If so i'm sure due to there were a few witnesses, they will support the manager."

Especially if the incident occurred as described!