Will I Go To Prison?

[dampbunny1]

Been charged with GBH s20. Going to Magistrates court tomorrow. Will be pleading guilty.

Man driving erratically in his car. Tailgating me, honking his horn. Overtook me in a 30 and slammed his brakes on in front of me causing me to emergency stop with 2 year old daughter in car. This made her begin to cry. Did this a further 2 times (but i gave him more room so didn't have to brake so hard).

He then drives 10MPH in a 30MPH zone for some time. Then stops his car in the road. I get out, approach his vehicle, his window is down. I have a good old shout at him. The essence of what I said was, you're an idiot, I have my daughter in the car, you could have killed us (I was shouting and swearing a lot at this point). I shouted for about 15 seconds or so.

I began walking back to my car and he got out of his car and approached me. I turned around and punched him once to the face. He fell forward and then I walked back to my car. He didn't lose conciousness. There was no blood. He immediately got back up. By the time I was back in my car he was stood up. I drove off and carried on my day. (I felt really sick to my stomach for the rest of the day). There is no dispute to this story other than the reasoning he is giving for getting out of his car was to take a picture of my car.

Unbenknown to me, he was 76. I didn't think that at the time as he was quite stocky, bald headed, no wrinkles really and lots of tattoos over his arms.

From that, he suffered 2 fractures in his cheekbone, 2 in his eye socket and 1 in his jaw. The doctor said he would benefit from a surgery but due to his age its not neccessary. (Due to risk etc).

From my understanding, he has recovered but there is no Victim Impact statement yet.

I have 1 previous conviction from 2009. I was 13 years old. It was for common assault. I am completely remorseful and have been throughout. I understand what I did was way way out of hand. All i can say is i acted on emotion and adrenaline/fight or flight in a weird instictual out of character moment.

I have character references from respectable people from where I work describing how this is not in my nature and it seems out of the ordinary for me. They describe me as hard working and reliable

I have a good career in the public sector and have worked in the public sector for 7 years. I have just landed a new job in the private sector working for a completely not for profit organisation.

My ex and I purchased a house in 2018. We broke up in 2021. She cannot afford to live there on her own, so since 2021 I have been paying the mortgage there so my daughter has somewhere to live. She only earns £800 a month and the mortgage and insurance (Which is what i pay) is £600 a month on its own before bills etc. As you can see, If i go to prison, my daughter will be evicted from her house.

Based on culpability, harm and my early guilty plea, it seems both me and my solicitor agree it is range to be suspended even in the worst case scenario.

What will the judge think about when determining wheather it should be suspended? I am hard working, pay taxes. I don't have so much as a speeding ticket on my record since 2009 (which was a stupid mistake as an immature youth). Will this sentence likely be suspended? Or is immediate custody more likely?

[Mike25]

On another note....I think your sentence will be suspended..... most likely. 80% sure

[Peter Pedant]

oh God

good luck.....

[dampbunny1]

So, for all wondering...

The judge categorised it as a B2. With my 1/3 off I was awarded a 20 month sentence, to be served immediately. I was released a little under a month ago on HDC (tag).

[barry1010]

Thanks for letting us know.  How was it?

[dampbunny1]

It was pretty crap, but I've had worse. The hardest part was missing loved ones and now that I am out, finding a job is pretty difficult. Just keeping your head down and getting yourself a prison job makes it pretty easy. I completed a level 3 mentoring qualification and due to being well educated in maths, I worked the whole time as a maths mentor.

Would give it a 1/5 on tripadvisor.

[barry1010]

No temptation to revisit, then.  I hope you do find a job soon, I'm sure it would make all the difference.

You've served your sentence, I wish you well.

How has your daughter fared?  Was she evicted?

[dampbunny1]

Thank you. Yes I believe I have paid for my sins and wish to just move forward now. My daughter is happy and healthy. I managed to sell the house before going in and I gave 80% of the equity to my daughter (well my ex, but for my daughter) and they were able to buy a new house with it. I haven't seen her in person yet due to her being so far away, my curfew and by having the mandatory "Need 3rd party supervision because youve been to prison" but I have face timed her a lot and she is very happy. All is well.

[barry1010]

I'm pleased.