Charged With S.47 Abh & S.39 Assault, Need Some Advice Please

[simon_67]

I am charged with the above, I got into an argument/rage with my spouse and proceeded to grab a large knife and barge into our living room where I kicked a table and then threw a set of keys at her, this caused 6 stitches to her eye socket, two of my children were in the room at the time, they were unharmed.Spouse went next door to neighbours with all 4 of the children, police called.
She said she did not want me arrested but the police did and I was charged at police station (where I admitted my guilt in the interview.)
Being prosecuted by the CPS.
First time offence, previous good character.
I am appalled at what I did so intend to plead guilty at the impending magistrates court but would like to know what kind of custodial sentence i am likely to receive?
Thanks
Simon

[New Judge]

You can find the sentencing guidelines for ABH on page 201 of this document (that p.201 of the document, not the .pdf page, which is p.195).

http://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf

Much will depend on the Magistrates classification of the offence (which they will decide after hearing the full facts). From the brief details you provided it certainly seems as if the offence exhibits “greater harm” (injury caused to a vulnerable victim). It could also be said that greater culpability is evident (weapon – the keys – used). The offence was also committed in a domestic situation (always an aggravating feature) and there were children present, albeit in another room. On the plus side is your previous good character, your remorse and your early guilty plea.

I cannot see this offence being classified as Category 3. It is certainly Cat 2 and possibly even Cat 1. If it remains in Category 2 I would imagine the Magistrates will retain jurisdiction (i.e. not send you to the Crown Court for sentencing) and you could expect either a High Level community order or possibly a custodial sentence which the Bench may feel able to suspend. This is only my guess based on the brief details you provided.

You would be well advised to secure a solicitor to make your case for you. In any event you will also have to pay a Victim Surcharge (£60 if you get a community order, £80 if you receive a suspended prison sentence) plus prosecution costs (usually around £85) and the newly introduced “Criminal Court Charge” which will be £180 for this offence.

[simon_67]

Thank you New Judge for your answer,I am in a quandary about getting a solicitor, I do not qualify for legal aid but also do not have much to cover a solicitor which looks to be around £1000 for the court appearance, I was thinking to represent myself and then write a letter to hand to the Judge which explains my family situation/remorse/plea for leniency etc?
From your advice I see this really is an "either way" case considering the aggravating parts of it?

[EDDIE51]

I would also consider enrolling on an anger management course. This will be in your favour as it will demonstrate to the court that you really are trying to get help and make a new start. Just may swing it to a non custodial sentence.

[simon_67]

Hi Eddie51
I have been looking at this and found a domestic violence course which can be done online, this I am working on now and will be able to show the court if need be, this same course and a few other websites dealing with violence stated that anger management courses are now frowned upon because they perpetrate anger rather than stopping it??

[New Judge]

It is the offence itself (ABH) which is "Either Way", simon, not your particular offence. As the name suggests they can be heard in either court. The decision on which way it goes rests with the Magistrates (although if you pleaded Not Guilty and they accepted jurisdiction you would ultimately have the right to a trial by judge and jury in the Crown Court. But let's not worry about that here).

If you are going to represent yourself anad are worried that you will forget all you wanted to say (or would stumble over saying it) you may write it down and read it to the court. After entering your plea the prosecution will give the court the facts. Before the Magistrates move to sentence you will have your opportunity to tell the court anything you want in the form of mitigation or explanation. It is then that you can read your prepared statement (simply say, when you are asked if you have anything to say, that you've written it down and would like to read it to the court).

It is a good iddea for people representing themselves to do this. Most people are not used to speaking in public and very few are confident enough to address a court to make sure they say all that is needed.

[New Judge]

I forgot to add that the court's Legal Advisor (who sits in front of the Magistrates) has a duty to assist you in all aspects of the court procedure (though she - they are predominantly female - cannot give you legal advice such as how to plead or what to say). Simply tell her that you want to read your prepared mitigation when you are asked if you have anything to tell the court.

[simon_67]

New Judge
Slightly off topic, my charge sheet refers to S.47 Abh & S.39 Assault, when I arrive at Mag court should this be the same or could the CPS decide they want to try me for a higher charge?

Back on subject, after mitigation and the judge sentences, at what time if any would I be able to request a lower sentencing point say Judge says cat.2 and I want to plea down to cat.1?

[New Judge]

ABH (S47) is the more serious offence of the two. You are unlikely to face two charges. You should know by now (and certainly before you go to court) which charge you are facing. Again from your description ABH seems the most appropriate.

As far as the categories go, this is entirely a matter for the Magistrates to help them determine their sentence. (And, incidentally, Cat 1 is the most serious so if you were able you would try to get your offence categorised in Cat 3). The categories are there to enable the sentencing decision. You have no say in the matter. The Magistrates will - or at least they should - announce (as part of their sentencing pronouncement) which category they have decided your offence fits and then hand down a sentence that fits within that category's range.

[simon_67]

Thanks for all the helpful assistance from all, I will be back if I need to clarify anything.

[EDDIE51]

NJ, are there still 'Duty Solicitors'? I would suggest simon_67 gets to the court early on the day and asks to see the duty solicitor if they still have them!