Actual Bodily Harm, prison?

[Suzieb]

I know there's probably been loads of questions like this so I'm sorry, I'm just looking for a little bit of reassurance I guess.

My boyfriend is being charged with ABH after he beat someone up and broke his nose. It's being tried at Crown Court rather than Magistrates because one of the witnessess accused him of kicking the victim on the floor (Although the victim confirmed this never happened so I don't know what it's all about)

Can any of the following things work in his favour?

It's his first offence, he doesn't have a criminal record or anything.
He's at college and has been accepted to university, he's got a job.
The guy he beat up is about 15 years older than him.
He hit him on pre-emptive strike because he was going to hit his friend, but then he lost control and carried on hitting him.
He is pleading guilty.

Is there anyone here who can tell me the most likely he will get, or anyone who has been tried for ABH? We're still waiting for a Crown Court date but I'm making myself ill because I'm worrying too much about him going to prison. Thanks to anyone who can help.

[Emz26]

Is he pleading guilty to the full charge, or is he accepting the fact that he punched the other guy and broke his nose, but denying that he kicked him on the floor?

[Law Man1856]

Suzieb,

Good and bad news,

Good first offence, guilty plea, no previous

Bad Crown court, carried on hitting him very bad.

Prison ?? Well

The prisons are full, yes the offence is serious but be hopeful, get all the evidence you can of good character.

A report from his employer the details of his Uni place, anything that spells out good character and this act was totally out of character.

Get the best brief you can afford, and tell them everything.

Try to get his GP to sort out some anger management.

Courts are all about painting a picture.

BEST OF LUCK

[jake-the-peg]

From a statistical point of view in 2003 the minimum custodial sentence for ABH was 2 weeks, the average 9.2 months and the maximum 5 years.

For "violence against the person " offences with a guilty plea for males over 21 in the crown court :

4% were discharged 3% were fined 30% got community service 4% got a suspended sentence and 57% got immediate custody.

I'm afraid I could only find the above for 2000 and it represents other charges like assault and GBH

Hope it may give some idea of how the odds stack up

[Suzieb]

Thank you all so much for replying. In answer to the top post, he is pleading guilty to the fact that he did it but not admitting that he kicked him whilst on the floor.

It happened in a bar where we both work, I was working that night, he wasn't. There is CCTV which should show that he didn't kick him if nothing else. He is also being charged with Assualt By Beating because he accidentally elbowed somebody in the face while he was being pulled off this bloke, but the guy he elbowed doesn't want to press charges or anything and has asked if there's anything he can do such as right a letter etc.

I'm a total doofus about things like this, but I thought if he pleaded guilty then there wouldn't have to be any witnesses called? Because he's admitting doing it?

[Suzieb]

Also mention, I'm going to Crown Court today to sit in on some cases so hopefully there will be some ABH ones.

Would it be any use getting people who know him - tutors, employers, to write him character references or something? As I said I'm a total idiot when it comes to stuff like this!

[Suzieb]

Thanks again to all who replied, what would happen if he pleaded guilty? Would they still need to call witnesses to the court to give statements, and would there still be a jury?

[rosojoly]

No need to call witnesses, + no need for the jury .The judge will consider the facts after the guilty plea & probably ask for reports leaving all options open including custody .

[Suzieb]

Ok, thanks. I think his solicitor will probably convince him to plead guilty and in a way, I hope he does because I think having everybody there giving statements and witness reports is just going to make him look even worse. And plus I really don't want to get up there and give a statement in front of him either, can't imagine it'd be very nice.

[Law Man1856]

Firstly you said that he was pleading guilty and now you are saying you hope that his solicitor convinces him to plead?
As mentioned previously, if he pleads guilty then the Judge will decide his fate without a trial. Guilty pleas are almost always looked on favourably, because it saves Court time and cost.
If he pleads not guilty then it will have to go to trial, with a jury and all victims/witnesses being called as required. Not all witnesses are always called because statements given are sometimes accepted as true by both sides and does not need questioning.
If you have to go to court to give evidence and are concerned contact the Witness Service at Court. This is an organisation that is mainly run by volunteers, non-profitable and not biased either way. They can arrange pre-trial visits, guide you around the court, show what you can expect and will look after you whilst you are there. There is a witness care room,(prosecution and defence obviously have seperate rooms), and you can sit there until it is your turn to give evidence. Someone from the Witness Service will stay with you if you wish. They will notify the barrister that you have arrived and will arrange for you to read your statement prior to going in to court.
I hope this helps.

[Suzieb]

He's pleading guilty to the assualt but not to the kicking on the floor, or to accidentally elbowing this other person in the face by accident.

Any replies are a huge, huge help because this is a very confusing thing for me to have to go through, and I very much appreciate all who have replied. Thanks. My friend is a law student and doing some voluntary work at Victim Support, so she told me all about the witness protection service and I think it sounds like a really great idea.

[Suzieb]

Sorry to keep pushing this to the top, but I was just wondering if I could ask people to write character references for my boyfriend to show in court? People like his tutors, work colleagues or whatever. Do people normally do this, or am I just being stupid?

[mooney1111]

what sentence did he get ??

[leanaryall]

Hi chick,

Unfortunately I can't offer my advice - I am going through exactly the same thing with my partner at the moment, albeit at magistrates as opposed to Crown.

My partner and our friend was involved in a scuffle with my ex. My ex, although we separated in March, was harrassing me via email at work, text and phone calls. On a works night out in town, my ex had the brazen cheek to text me asking if 'we could meet up, put the break up behind us and go out like old friends for a catch up.' When I got the text, I did not even dignify it with a response, however my partner contacted my ex and they met up there and then. My partner was being civil, just repeatdely telling him to leave me alone, and ex was goading non-stop. Our friend although not involved, was on the bylines just watching in case. My ex threw the first punch, our friend jumped in to help my other half, they all ended up in the railings = fight with our friend punching him a few times while he's on the ground, and my partner kicking him in the back while he's on the floor.

Unfortunately there is CCTV footage involved - however it is biased as it only shows the last 5 minutes where we see my ex on the ground being hit. There is no footage of the speaking and argument 20 minutes prior to that, or of my ex throwing the first punch.

Both my partner and our friend have been charged with ABH, it would've been common assault had my ex not had a broken thumb. However he probably broke his own thumb punching like a girl and he provoked the attack . The court date is in a couple of weeks, and is being kept it in magistrates. Maximum is a sentence of 6 months.
My partner has no previous convictions, is a good citizen and is on the up and work - good character. And he also pleaded guilty first off.

I sympathise and know what you're going through I too have had to see the doc as I'm making myself ill!

[Konsekl]

Hi
I had a fight with a school friend which was taken to crown court. I pleaded guilty and asked the judge for something called a goodyear, basically saying if i pleaded guilty would the judge keep me out of prison. He agreed to this and i am now due to attend probation and find an alternative ( suspended sentence, curfew, etc)
These things happen, as long as your boyfriend is honest that he made a mistake and is remorseful, id advice taking his barristers advice as they know the law inside and out. Good luck to him in moving forward with his life in a positive way.
Xx