Abh Sec 47

[Paddyv]

I was involved in a fight where I punched a man 15 times, it's on cctv outside a club. A girl I was with also hit him 5 times and kicked him after he attacked me with his friends inside the club just before we were both ejected and we bumped into eachother at the front. He had 1 inch deep cut to the forehead, he is now claiming titinnus and cracked teeth ontop in the court papers? Whats likely outcome? Thanks

[Paddyv]

I also only have a common assault from 10 years ago, and a cannabis charge from 5 years ago

[Paddyv]

Tinnitus sorry, it is totally out of character, it's no excuse but my best friend died that day having minor operation on heart valve. They were squadies who started the fight inside, and I lost it when I saw him outside, 15 is what is the court papers I received

[EDDIE51]

The maximum sentence is 5 years in jail. From what you say I think you are looking at very near the maximum ! Hope you like Prison food!!

[Calicogirl]

Did you hit him first outside or did he swing at you, thinking if he'd already attacked you once inside and he swung first you do have a limited self defence defence. If it's on CCTV you can';t really say you didn't do it but you can mitigate it by explaining how afraid you were of being attacked again. Certainly get a solicitor and try t do everything to make the court think you are trying to get your act together.

[Baldric]

Helpful as always Eddie.

[Buenchico]

See pages 11 to 14 here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

If the court accepts that tinnitus (which can be a life-long debilitating condition) has resulted from the assault then 'harm' might well be seen as 'greater'. (As it was a sustained assault that also makes it likely that 'harm' will be seen as 'greater').

With a bit of luck though it's possible that 'culpability' might be seen as 'lower'. That would make it a 'Category 2' offence, with a 'starting point' sentence of 6 months imprisonment. However that could be reduced to 4 months for an early guilty plea. The maximum sentence for a 'Category 2' offence is 51 weeks imprisonment (reduced to 34 weeks for an early guilty plea), with the minimum sentence being non-custodial. However I can't see much in what you've written to suggest that the court would move very far from the 'starting point' of 4 months imprisonment (assuming an early guilty plea).

It would then be necessary to consider whether the court would be minded to suspend such a sentence. While I'd regard that as a possibility it would be unwise to assume that it will happen. (Pack a bag!)

So my best guess is a sentence of 4 months imprisonment, possibly suspended for 2 years. (If the court did decide that an immediate custodial sentence was the only available option then the actual time to be spent 'banged up' would only be half of the nominal sentence).

[New Judge]

Has your case been heard at the Magistrates' Court yet? If so, did they retain or decline jurisdiction?

If it hasn't, wait until it has and tell us the result of your hearing.

[Paddyv]

Hi, thanks all for the the replies, I was in court today. It's has been moved to crown court but I have to wait for the girl to go through trial as she went not guilty. I pleaded guilty. The judge said it's section 2 boardering sec 1, the offence happened June 2016, will this go in my favour it would of been 3 years? I was interviewed 2weeks after, and summons came 3 weeks ago