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Could he get an ipp?

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percysc | 20:12 Fri 03rd Oct 2008 | Criminal
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Someone i know has convictions for affray 8 years ago, common assault 4 - 5 years ago, common assault again 18 months ago. The person is on bail now for an alleged assault of abh, this will probally be dropped to common assault injuries was a bloody nose, slight swelling on head and small bruise marks on arm! If convicted what is likely sentence?
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there is no set answer. depends how good his lawyer is and how gullible the bench are. if its common assault then its a lesser penalty level - which carries a maximum of six months in prison if heard in a magistrates court however if the mag. believes it is too serious for his court he can send the case to crown and they can sentence whatever they want.
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He had a 16 week prison sentence for common assault 18 months ago for domestic violence, this is a domestic again surely an ipp dont fit a crime or this type, surely a longer prison sentence first?
Public protection sentences are not a 3 strikes scenario; a person is not thought as automatically dangerous because they have committed 3 violent offence and it all depends on the individual circumstances. Take a look at http://www.thelawpages.com and search the sentences database for ABH to see what sentences others have received with previous. There are aggravating features such as the previous violent offences and he should find a good solicitor who can mitigate on his behalf. The solicitor will probably ask for a Pre-Sentence Report to find out why he has re-offended after some time. It will not only recommend a sentence and likelihood of re-offending but also address the question of dangerousness.

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