Arrested For Abh - Rogue Beer Glass Swiped In Anger

[markkram23]

Hi, last week I was arrested for section 47 ABH. I was in a bar, and when I returned to my seat with a pint, someone pulled my chair from underneath me which caused me to fall over down a couple of stairs next to the table. In my anger I’ve got up and swiped a glass off a table, which has travelled some distance before hitting a girl in the face, causing a small cut (needed a stitch) on her lip and a slightly chipped tooth.

Obviously it was completely unintentional and heat of the moment but of course I’ve messed up big time. In my interview I offered to apologise to the girl profusely for the incident in form of a letter and to pay her dental bills.

Is this something I can go to prison for?

[spathiphyllum]

Yes.

[ummmm]

Unlikely though.

[markkram23]

Forgot to add - I have a perfectly clean record with no prior arrests let alone convictions.

[spathiphyllum]

It doesn't matter. It is something you can go to prison for.

You didn't ask the likelihood, you asked if it is possible to go to prison for doing it. The answer is yes.

[ummmm]

Do they have CCTV footage?

[markkram23]

Yes they have CCTV footage. Thank you fo answering the primary question.

Is it likely that I’ll go to prison? For a first offence?

[ummmm]

It's hard to say. I can only go on punishments received by people I know so I think it's very unlikely you'll go to prison.

Have you got a solicitor?

[markkram23]

Yeah I have a solicitor and they seem pretty calm about it, I was the one who offered to do a an apology and pay for her bills in the interview,
But obviously that doesn’t mean anything as the crime has been committed and it isn’t up to me at all.

[spathiphyllum]

The likelihood of going to prison isn't high if you have no prior arrests or convictions but it is a possibility.

[jackthehat]

Don't torture yourself about it.
Prison time for this sort of offence *is* a possibility.
However, your Solicitor is in a better place than us being in possession of all the facts, statements and evidence.
Your contrition seems genuine and if your demeanour matches and is accepted by the Prosecutors you will probably receive a fine.
If he is laid back about it, I'd suggest that you follow his lead.

Some light-reading for you:

///Actual Bodily Harm (ABH)
What is Actual Bodily Harm?

Assault causing actual bodily harm (ABH) is a criminal offence under Section 47 of the Offences Against the Person Act. ABH involves assault or battery causing actual physical harm to the victim. The harm does not have to be serious, but must involve more than a shove to sustain a charge of ABH. Harm such as bruises, scratches and bite marks is sufficient.

ABH only requires an intention to apply unlawful force to someone, not an intention to cause actual bodily harm. For instance, if someone pushes the victim who then hits his head against a wall, he will have intended to apply unlawful force and could be charged with ABH – even if he did not intend the victim to hurt their head.
Will there be a prison sentence?

ABH carries a maximum sentence of five years and or a fine (depending on the seriousness of the offence).

For a first offence, a fine and or community order may be imposed. If the offender has previous convictions or if there are aggravating factors, a prison sentence is more likely.///

[bednobs]

"If he is laid back about it, I'd suggest that you follow his lead. "
or she. I heard women can be solicitors now

[jackthehat]

oops.....quite right bednobs.....:o)

[markkram23]

Has anyone else been in a similar situation or someone they know?

How did that pan out?

[Buenchico]

I've been reading court reports in the press for nearly half a century (as well as doing a bit of court reporting myself at one time). I'd be prepared to bet a substantial amount of money on you NOT going to prison.

Further, the magistrates will probably see it as a 'Category 3' offence, meaning that they CAN'T send you to prison anyway. See pages 177 to 180 here:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG-April-2017-FINAL-2.pdf