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Contrary To Section 39 Of The Criminal Justice Act 1988 And Contrary To Sections 1 And Of 4 Of The Criminal Damage Act 1971
That night I was very drunk. Usually I drink only occasionally but didn't remember anything. I've been never inprisoner before but I had a caution before against her. I have to go to magistrates court in two weeks time. What will be the sentence I can give? Thank you!
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For more on marking an answer as the "Best Answer", please visit our FAQ.'Section 39' is 'common assault' (which can also be charged as 'battery'). While the offence theoretically carries a maximum penalty of 6 months imprisonment, the magistrates CAN'T send you to prison unless they view the matter as falling into the very highest end of 'Category 1'. A drunken brawl almost certainly WON'T fit into that category. It's far more likely to be viewed as either 'Category 2' or 'Category 3', meaning that a community order (or possibly only a fine) would be the most likely outcome. See pages 189 to 192 here:
https:/ /www.se ntencin gcounci l.org.u k/wp-co ntent/u ploads/ MCSG-Ap ril-201 7-FINAL -2.pdf
You also CAN'T be sent to prison for criminal damage unless EITHER you went on a sustained spree of causing such damage (e.g. slashing the tyres of every car in a street) OR the value of the damage exceeded £5000. The level of damage resulting from most drunken incidents doesn't normally fall within those categories. Once again, you're facing either a fine or a community order, depending upon the cost of the damage caused. See page 43 from my link.
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You also CAN'T be sent to prison for criminal damage unless EITHER you went on a sustained spree of causing such damage (e.g. slashing the tyres of every car in a street) OR the value of the damage exceeded £5000. The level of damage resulting from most drunken incidents doesn't normally fall within those categories. Once again, you're facing either a fine or a community order, depending upon the cost of the damage caused. See page 43 from my link.
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