sentences for section 47

[SHELLP]

i have been informed that custodial sentences are rarely given for this offence, especially if no previous only a caution for the same offence 3 weeks previous anyone know how true this is. the offence was committed whilst drunk and hewas charged within a few hours.of being questioned. it has been committed to crown court

[Golf38]

Interesting. You are right, with someone with only a caution andnothing else I would VERY surprised with a custodial sntence for this.

HOWEVER, I would be a little concerned as to why its been booted up to Crown Court. This would only be in one of two circumstances.

1. The defendant has pleased not guilty and asked for trial by jury in the Crown

2. The Magistrates have considered that they don't have sufficient sentencing powers and sent thw matter to the Crown themselves.

If it is number two, then I suspect that there are a few facts missing and I would be concerned about a custodial.

[SHELLP]

hi golf would appreciate further input. he assulted me headbutted me twice ripped my ear open and i had further minor injuries. he held me at knifepoint for 15 mins before making me phone friends to say goodbye.when the police arrived he was still saying i was going to die. he was before magistrates who would not take a plea off him they committed it to crown.

[a_magistrate]

The new guidelines indicate that S47 with weapon and aggravated by intent should be sent to Crown. As a JP, I would certainly send this up (with the basic facts as stated) as this should attract more than 6 months custody. Even a minor S47 with no injuries suggests high level community
The weapon and the intent ("I'm going to kill you" ) should satisfy even the Joey Barton judge (suspended sentence is OK if you plead guilty - what rot!) that custody is appropriate.
However, police no doubt offer fixed penalties for these to improve their statistics.

[SHELLP]

hi cheers for response what do you mean by police offer fixed penaltys?? i feel he should pay for what he did or whats the point in me going to court against him?

[Golf38]

So there seems to be a lot more to this than just a S47. In fact, I think he's lucky if its only S47 on the charge sheet.

As regards Fixed Penalties (or more accuratly - Penalty Notices for Disorder) - these are �80 tickets given for low level crime. A PND WOULD NOT be given for a S47 -in fact they can't be given for a S47. The only time they would be considered is if the victime refused to make a complaint, then we might consider a PND for a public order offence.

But back to your question, I agree with the madge - if found guilty, I would suspect a significant prison term for this.

[SHELLP]

golf38

you seem to be knowledgeble. he has not entered a plea yet but friends inform me he is going not quilty. police have photos of all my injuries they have a statement from my friend who he made me phone saying what she heard. he is telling everyone i would not leave his house he did not want me there but i have witness he showed off in pub because i was not going to go back. my gp says i am suffering post traumatic stress and flashbacks i am on antideppresants and sleeping tablets and have lost 2 stone in 5 weeks do you think he will get not guilty ? he is telling everyone is solicitor says he will get off.

[Golf38]

Shellp,

I'm sorry but I couldn't even begin to say whether he will or won't be convicted. So much depends on it, the quality and credibility of witnesses on both sides, whether correct police procedure has been followed. etc etc
As h has gone not guilty clearly you and your witnesses are going to be called to the Crown Cour to give evidence. If he is found guilty after a trial then his sentence will be more than had he pleaded guilty. Good luck.

[SHELLP]

cheers golf will let people know what happens he is in front of magistrates for committal on 1.8.08 whatever that means

[Golf38]

Committal is just a very short hearing where the magistrate officially refers the case to the Crown Court. Every case, including murder starts in the lower Magistrates court as a committal hearing.