Breach Of A Non Molestation Order And Abh

[Bonkers123]

My ex has just been found guilty of breaching a non molestation ,he also beat the hell out of me whilst breaching it ! He pleaded not guilty and the trial has just finished in which he was found guilty ! This charge was brought by the CID unit ...believe it or not i have another trial brought by the DV unit and that is also breaching a non molest order ! Anyway the judge has ordered pre sentencing reports ,will this include all the charges against him over the last year ,and also the trial coming up ? Do you think he will get a custodial > This last year has been hell with him breaching bail so many times !! Many thanks ..my nerves are shattered and i am exhausted with it all now :( I just want him out of my life !

[Buenchico]

Here's what the judge has to go by in relation to the ABH offence:
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf
See pages 11 to 14 but note that the sentences shown in the table at the foot of page 12 refer to a first-time offender who has been convicted after a trial. (So heavier sentences can be applied to an offender, such as your ex, who has previous convictions).

The judge will have to consider the evidence about your injuries to decide whether they should be regarded as 'greater harm' or lesser harm' within the ABH category. I'd assume though that 'culpability' will be 'high' because of the breach of the non-molestation order.

So, looking at it from your ex's point of view, the 'best' that he could hope for would be that the judge sees it as a 'Category 2' offence (based upon 'low harm' but 'high culpability'). That means that, had he been a first-time offender, the judge would have to work from a 'starting point' of 26 weeks custody and then vary the sentence up or down, with a maximum possible sentence of 51 weeks. Given the information you've provided, it's likely that the judge would move the sentence up (and, since it's not a first time offence, the 51-week limit could be extended), so a sentence of 10 to 12 months imprisonment might be likely.

However if the judge rules that it's a Category 1 offence he must start from a sentence of 18 months and then work up or down from there. (If your ex was a first-time offender the judge would be constrained by a 3-year maximum sentence but, as he's not, the maximum sentence available would be 5 years). Again I think that he'd work up, perhaps with a sentence of around 2½ years.

So my guess is about 1 year if the judge rules that it's 'Category 2' or 2½ years if he rules that it's 'Category 1'. (The actual time served in prison would normally be half of the nominal sentence). It's likely that a custodial sentence would also be passed in relation to the breach of the non-molestation order but, as it would probably be made to run concurrently anyway, the actual length of it is largely irrelevant.

[Bonkers123]

Thank you very much for your reply .He used a baseball bat on me and hurt me very badly :( Forensics took photos etc and my doctor also noted all my injuries including a cracked elbow ! In the year alone ,he breached police bail several times and the police even admitted to screwing up and not keeping him on remand .But hey ho ..we all make mistakes ,guess this one is quite huge though ! Thank you again ..i do appreciate the time you have taken to respond ! :)

[marje]

In the pre-sentence report, the Probation Officer doing the report will advise the Court of what sentence he/she thinks most appropriate given the circumstances. Then it's up to the Judge. Hope your ex gets what he deserves, hopefully the maximum allowed under the law. Best wishes for your future.

[Bonkers123]

Will the judge know that he has another charge against him awaiting trial ? Many thanks .

[Buenchico]

>>>Will the judge know that he has another charge against him awaiting trial ?

If he does he'll have to assume that your ex will be acquitted of the additional offence because English law (nearly) always assumes 'innocent until proven guilty'. The judge can't sentence him for something he's not even been tried for yet. It's theoretically possible that the judge could delay sentencing until after the second trial but, in practice, that's extremely unlikely.

[Bonkers123]

Oh no i didn't expect him to pass judgement ,i was just wondering if he would know .Also would the report contain everything he has done to me over the last year and the amount of times he was arresested .Sounds like i am after blood ,i just think that i want closure and to be able to walk about and not walk on eggshells for fear of him attacking me :( Thanks for the great info ....