Likely outcome of a assult (ABH) court appearance ?

Likely outcome of a assult (ABH) court appearance ?

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Coneyhurst Blue

Original Poster:

583 posts

194 months

Tuesday 3rd May 2011
quotequote all
I know someone who will be appearing in court in the next week or two charged with assault (ABH).
They are pleading not guilty, although it seems pretty clear from the witness statements and CCTV that they are guilty.
Injuries to the other party are cuts to both the eyebrow and lip/mouth, eyebrow needing stitches at hospital.
Took place on a bus, two groups of lads, playful banter to begin with that turned nasty resulting in a fight. Looks to be unprovoked and was very abusive to the police once nicked.
Previous cautions for theft and drugs (I think) but nothing of violence.
I guess what I am really trying to find out is whether a custodial sentence should be expected ?
What does everybody think ?
Cheers all.

SteveScooby

799 posts

179 months

Tuesday 3rd May 2011
quotequote all
I'd guess at a suspended sentence if found guilty.

Cat

3,030 posts

271 months

Tuesday 3rd May 2011
quotequote all
Link to sentencing guidelines for ABH.

HTH

Cat

Coneyhurst Blue

Original Poster:

583 posts

194 months

Tuesday 3rd May 2011
quotequote all
Thanks Steve and Cat.
Interesting to read the Aggravating factors in the sentencing guidelines.
The other lads in the group also threw a few punches so I am wondering if this would constitute a gang situation ? The lads they hit I don't think retaliated.
Alcohol was a factor as well. I think that of the three lads one is pleading guilty the other two not guilty. Would this have a bearing do you think ?
Thanks again.

98elise

26,869 posts

163 months

Tuesday 3rd May 2011
quotequote all
Coneyhurst Blue said:
I know someone who will be appearing in court in the next week or two charged with assault (ABH).
They are pleading not guilty, although it seems pretty clear from the witness statements and CCTV that they are guilty.
Injuries to the other party are cuts to both the eyebrow and lip/mouth, eyebrow needing stitches at hospital.
Took place on a bus, two groups of lads, playful banter to begin with that turned nasty resulting in a fight. Looks to be unprovoked and was very abusive to the police once nicked.
Previous cautions for theft and drugs (I think) but nothing of violence.
I guess what I am really trying to find out is whether a custodial sentence should be expected ?
What does everybody think ?
Cheers all.
I think you should get better friends.

Lost soul

8,712 posts

184 months

Tuesday 3rd May 2011
quotequote all
I hope he gets banged up for the max term possible smile


HTH

Coneyhurst Blue

Original Poster:

583 posts

194 months

Tuesday 3rd May 2011
quotequote all
98elise said:
I think you should get better friends.
Without wanting to be pedantic I didn’t say we were friends !

TTwiggy

11,560 posts

206 months

Tuesday 3rd May 2011
quotequote all
Coneyhurst Blue said:
Without wanting to be pedantic I didn’t say we were friends !
Ignore it. This forum tends to attracts those who like to weigh in with holier-than-thou statements, before riding off on their high horses.

streaky

19,311 posts

251 months

Tuesday 3rd May 2011
quotequote all
SteveScooby said:
I'd guess at a suspended sentence if found guilty.
I thought we'd done away with hanging.

Streaky

Lost soul

8,712 posts

184 months

Tuesday 3rd May 2011
quotequote all
Coneyhurst Blue said:
98elise said:
I think you should get better friends.
Without wanting to be pedantic I didn’t say we were friends !
So why so concerned for the scumbag

pidsy

8,044 posts

159 months

Tuesday 3rd May 2011
quotequote all
Id have thought, with that previous, unprovoked attack, and i'd imagine the prosecution will play the "my client has suffered facial scaring and will have to deal with the consequenses for the rest of his life" line. Your "friend" could end up with a 12 month sentance. But will probably be suspended, meaning a tag for a while.

jagracer

8,248 posts

238 months

Tuesday 3rd May 2011
quotequote all
It'll also depend whether it's at magistrates or Crown court plus more chance of getting away with it at Crown court

TTwiggy

11,560 posts

206 months

Tuesday 3rd May 2011
quotequote all
jagracer said:
It'll also depend whether it's at magistrates or Crown court plus more chance of getting away with it at Crown court
As he's plead 'not guilty', it will be Crown Court.

jagracer

8,248 posts

238 months

Tuesday 3rd May 2011
quotequote all
TTwiggy said:
As he's plead 'not guilty', it will be Crown Court.
Ah, thanks for that.

Lost soul

8,712 posts

184 months

Tuesday 3rd May 2011
quotequote all
TTwiggy said:
jagracer said:
It'll also depend whether it's at magistrates or Crown court plus more chance of getting away with it at Crown court
As he's plead 'not guilty', it will be Crown Court.
oh good biggrin

carl carlson

786 posts

164 months

Tuesday 3rd May 2011
quotequote all
I was in a fight many years ago which involved myself and 2 friends. Basically something happened in a pub and a scuffle broke out with another group of lads, few punches thrown that kind of thing, unfortuntaley someone fell through a window and hence we where all up on ABH charges. 80hrs community service was given out. None of us had previous.

A friend of mine, who stepped in to get a mate out of trouble ended up fighting in the street few months ago. He was charged with ABH. He got 160hrs commuinity service. This was not his first offence.

30 Fans of a football club have a mass brawl with other like minded individuals from another club. The biggest sentence dished out was 3 years plus a 1 yr banning order. All people involved had a lot of previous for football related violence.

Hope this puts things into perspective.

jake15919

738 posts

167 months

Tuesday 3rd May 2011
quotequote all
Virtually no chance of custody (if facts as described). If he hadn't mouthed off to the cops and had a few sympathetic witnesses he probably would have been cautioned at worst.

Coneyhurst Blue

Original Poster:

583 posts

194 months

Tuesday 3rd May 2011
quotequote all
He is in magistrates court. Can a magistrates court conduct a trail ?
I was a bit confused as to why if pleading not guilty then 'Crown'
Thanks all.

Coneyhurst Blue

Original Poster:

583 posts

194 months

Tuesday 3rd May 2011
quotequote all
jake15919 said:
Virtually no chance of custody (if facts as described). If he hadn't mouthed off to the cops and had a few sympathetic witnesses he probably would have been cautioned at worst.
Facts are as described, I have seen the evidence as given to him by defending solicitor, all witness statements point to him being the aggressor.
CCTV shows him apparently clearly lunging towards the victim.
I don't think there is any footage of the actual assault, although several witness statements collaborate the victim's statement.
Thanks again.

SteveScooby

799 posts

179 months

Tuesday 3rd May 2011
quotequote all
TTwiggy said:
As he's plead 'not guilty', it will be Crown Court.
Not necessarily, trails can, and regularly are, held at Magistrates.