Donate SIGN UP

Likelihood Of Prison Sentence?

Avatar Image
GcMac | 21:44 Tue 02nd Jul 2024 | Law
2 Answers

Person A is in a nightclub, his wife is being sick around corner

Person B & C approach Person A's wife seemingly on CCTV to be avoiding being seen by person A (or atleast not trying to make person A aware of wifes situation despite admitting knowing person A was with her)

 

Person A notices person B & C around wife, but can't remember why this made him loose temper. Person A can be seen pushing both person B&C  away. 

 

Person B whilst backing away from person A is punched 1 time, this causes a fractured cheek and eye socket. Person A leaves club unaware of seriousness.

Person A when realizing he is wanted by police immediately hands self in, has good standing,no relevant criminal record, own business, 2 children and cares for disabled wife.

 

Person A is very worried about going to prison & hasnt heard anything in over 6 month since interview admitting responsibility ...any advice?

Gravatar

Answers

1 to 2 of 2rss feed

Avatar Image
Probably . . .'Culpability' = C'Harm' = 3That would mean a 'starting point' sentence of 26 week's custody (which would be reduced to around 18 week's custody for an early guilty plea), with a sentencing range available to the judge of between a 'medium level' community order and one year's imprisonment (reduced to 8 months for an early guilty...
22:52 Tue 02nd Jul 2024

As you haven't yet been charged with anything the chance of prison is zero at the moment

Probably . . .

'Culpability' = C

'Harm' = 3

That would mean a 'starting point' sentence of 26 week's custody (which would be reduced to around 18 week's custody for an early guilty plea), with a sentencing range available to the judge of between a 'medium level' community order and one year's imprisonment (reduced to 8 months for an early guilty plea).

https://www.sentencingcouncil.org.uk/offences/crown-court/item/inflicting-grievous-bodily-harm-unlawful-wounding-racially-or-religiously-aggravated-gbh-unlawful-wounding/

However . . .
(a) sentences not exceeding two year's imprisonment can be suspended ; and
(b) the current policy is for courts to avoid using short prison sentences wherever possible, as they've been proven to be ineffective in preventing reoffending and because we're rapidly running out of prison places.

With those factors in mind, I think that it's extremely unlikely that a custodial sentence will be imposed and, even if it is, any such sentence would be suspended anyway.

1 to 2 of 2rss feed

Do you know the answer?

Likelihood Of Prison Sentence?

Answer Question >>