abh

[hflynn]

if you have a previous conviction of assualt and pleaded guilty and are now being charged with Abh and pleading not guilty but the odds are against you, what is the most likly outcome?

[Buenchico]

(2 part post):

The first point to make is that a court would normally be unaware of your previous conviction, so it shouldn't affect your chances of acquittal. (The prosecution can make an application to the court to refer to previous convictions, under the 'propensity' rules, but it's unlikely that such an application would be allowed in your case).

If someone is convicted of ABH the magistrates work from a 'starting point' of a (probably fairly short) custodial sentence. They then consider the various factors which can either reduce the sentence to a non-custodial one or, alternatively, increase the length of custody. Jake-the-Peg provided some useful information about sentencing, here:
http://www.theanswerbank.co.uk/Law/Question348 219.html

If you think that 'the odds are against you', it might make more sense to change your plea to 'guilty'. (That obviously applies if you actually committed the offence. Regrettably, with the way the law works, it might still be the best option even if you're innocent but the evidence suggests otherwise). The earlier you do so, the more weight it's likely to carry with the magistrates.

[Buenchico]

There's a great deal of information which we don't know here but, based upon reading (and, in some cases, writing) court reports, I'd guess that if the assault was relatively minor (i.e. only just above 'common assault') you might receive a non-custodial sentence. (The prisons are already over-crowded and magistrates genuinely try to keep people out of prison if they think it's possible to do so).

However, it's probably more likely (for a 'mid-range' ABH offence) that the magistrates would consider a sentence near the maximum of their powers, i.e. around 6 months imprisonment.

If the ABH is at the top end of the range (i.e. just short of GBH) it's probable that the case would be referred to a Crown Court for sentencing. In which case, a sentence of around one or two years imprisonment might be likely. (Remember that an early guilty plea can reduce a sentence by around a third. Remember also that, as long as a sentence doesn't reach the 4 year threshold, only half the sentence is actually served).

Chris