Ex Partner Charged For Abh, Previous Criminal Record

[sasha82]

My ex partner was charged with ABH after he continually slapped me and creating a bruise on my hand by restraining me from asking help. He also used a knife to threaten me which he hid while i was calling the police. The police caught him getting out of the house. The police took the knife. They also took photos of the slapping marks on my face and on the bruise that had just appeared on my hand and the mark that my watch had teared a bit my skin.
The case went to court and he plead guilty. But he did not admit using a knife. So there are no charges for that ( I guess)
My ex has a previous record of various spent cautions on criminal damage, attempted burglary and fraud.
What sort of sentence is he most likely to get? ( The case goes to Magestrates court)

[Buenchico]

Where a knife is used to threaten or cause fear, the Magistrates' guidelines state that the offence is at 'Level 3' and must therefore be referred up to the Crown Court, as the appropriate sentence should be above 6 months. (That can happen even after the case has initially been heard in the Magistrates' Court , when the Magistrates realise that their sentencing powers aren't high enough).

If (as the above suggests) the matter is eventually heard before the Crown Court, your injuries would be regarded as 'low harm' but the use of a knife would count as 'high culpability', making it a Category 2 offence. The starting point' sentence is 26 weeks imprisonment. There would be a one third reduction in that sentence because of the guilty plea but that would probably be cancelled out by the previous convictions, which would push sentencing up again.

So, despite the fact that the use of a knife is meant to result in a sentence in excess of 6 months, an actual sentence of around 6 months would seem to be likely (with half of that time actually being spent 'inside').

Chris

[sasha82]

Thank you Chris for your reply.
I doubt though that the knife will be taken in consideration. My solicitor says that because the whole incident happened in our bedroom and there were no witnesses it will be my word against his.
Without the knife what supposed to be his sentence?

[Buenchico]

Given that your injuries were at the lower end of the ABH scale then, if the knife isn't taken into account, he might get away with a 'high level' Community Order (i.e. 'probation' + unpaid work).

[sasha82]

Could there be a way to actually prove that he had a knife and threaten me?
Or is it something that i should let go?
I am scared of this man. If they don't give him the right sentence and give him a slap on the wrist (as he was expecting before he was hitting me) then he might return and harm me more. For me it is important that the sentence show him that he can't get away with it.
A simple restraining order would not protect me at all. It would have worked on a person that had no previous history. He also has friends that they were ex convicts.
I am already getting ready to move out from my house but I can't stop going to uni.

[New Judge]

As the victim you are entitled to make a "Victim Impact Statement" which should be read to the court before sentencing. Make sure you do this (contact the police ""Officer in the Case" to do so). Also make it clear rhat you want the CPS to ask for the court to impose a restraining order which will order your ex to stay away from you.

[sasha82]

Thanks. That put my mind at ease :)

[sasha82]

My solicitor cc'd me on the email asking for a copy of my statement and of my ex partner but he received no reply. I tried to call and contact too to find out what was going on before my victim impact statement was emailed to the cps but there was no one there to offer help.
The court is on Monday and I don't know if my victim impact statement is received and read in court. How do I find out if they have received it?
I have no idea what time of the day the court supposed to be. No one has given me any information!