Likely outcome of a assult (ABH) court appearance ?
Discussion
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.
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.
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.
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.
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.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.
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.
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.
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 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.
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