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ABH Outcome?
Hi my partner has been charged with ABH, and appeared at Magistrates yesterday where she pleaded guilty. The Magistrates have accepted the case so the trial has been set for late next month. Basically what happened is she was drinking with a neighbour (but wasn't drunk at all) and they got into an arguement. She threw a glass at the wall and it hit the top of his head, so he needed steri-strips for minor cuts. He's said in his statement they're friends and she apologised straight away, helped him, left when he asked etc. He has one witness (his step son) who had his back to her & didn't see her throw the glass. She has 2 previous convictions for minor assualts dating back 3 years, and had probation last year, which she finished a week AFTER this incident. She has been very apologetic, pleaded guilty etc. Her solicitor said the victims interview is not bad against her, he doesn't particularly WANT her in a lot of trouble, doesn't want compo etc. Myself and my mother will be giving her good references and the solicitor AND the victim admitted it was provoked. What do you think she will get?
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For more on marking an answer as the "Best Answer", please visit our FAQ.The Magistrates’ sentencing guidelines for this offence suggest a “starting point” of a high level Community order. This starting point is for a first time offender pleading not guilty and found guilty at trial. Your partner’s early guilty plea and her remorse will mitigate the matter but her previous convictions will aggravate it back up again. The range that the Magistrates have to consider is a medium level community order up to 26 weeks custody.
My view is that a Community order is inevitable as the magistrates have to have good reason to sentence outside their guidelines, and I cannot see any such good reason.
My view is that a Community order is inevitable as the magistrates have to have good reason to sentence outside their guidelines, and I cannot see any such good reason.
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