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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
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Hi what is the sentence for abh in uk law

Customer Question

Hi what is the sentence for abh in uk law
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
-Could you explain your situation a little more?

Customer: replied 3 years ago.
For jomo1972,I when to my girlfriend I meet a guy there I push him he fall down ,I have been charge with ABH, I when to the court in January the court couldn't decide my sentence because the guy say I punch him ,and I will go to court again on April because the witness will b there who is my ex girlfriend ,she say before on the statement that I punch the guy
Expert:  Jo C. replied 3 years ago.
What are his injuries?

Do you have any previous convictions?
Customer: replied 3 years ago.
He got some bruise in the mouth,and six year back I break my ex wife door,the gave two year something but I was not in prison I pay only £35 fine
Expert:  Jo C. replied 3 years ago.
This must have been more than a bruise.

You are charged with ABH.

This answer is only going to be right if you give me full and frank information.

Customer: replied 3 years ago.
For jomo1972,be honest it just a bruise and maybe a little cut in the mouth,that day he did not go to hospital
Expert:  Jo C. replied 3 years ago.
Does he have broken teeth?

These are common assault injuries. You just plain cannot be charged with ABH on this injuries. At least, I suppose you could have been charge with it but the court would not have accepted a plea if those were the only injuries.
Customer: replied 3 years ago.
For jomo1972,no broken teeth,but as I know he juste say on his declaration that he pass out,maybe that why the court wanted the witness to come in April but I plea broken the door and assault by pushing
Expert:  Jo C. replied 3 years ago.
Its really difficult to assess what you are facing here. To be wholly honest, I'm afraid his injuries must have been greater than you are describing. One of the essential factors will be how severe his injuries were.

I think that probably this has been adjourned off for a Newton hearing because you say you pushed him and the evidence is that you punched him.

Obviously I haven't had vision of this case but generally speaking Newton hearings are to be avoided. If he has bruising to his mouth at all then that is more consistent with a punch than a push. If she is giving evidence on that point supporting his allegation then chances are there would be a finding in their favour. Unfortunately that would mean you would lose credit for a guilty plea and the costs order would be higher.

Proceeding on the basis that the injuries are relatively minor, this is probably category three.

This is a single blow after some provocation and did not strike a person who was particularly vulnerable. You do have a bit of relevant previous but nothing exceptional. That would mean that the starting point is a medium level community order and the range is a fine to a high order.

If this is a category two offence though because the injuries are more serious than that then the starting point is 26 weeks custody and the range is a low level order to 51 weeks custody.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
For jomo1972,what do you call Newton hearings?he did not go to hospital that day how come that will b serious?
Customer: replied 3 years ago.
For jomo1972',how come he did not go to hospital that day and he look serious for you?
Customer: replied 3 years ago.
I got a friend who was charge gbh he got only 12 weeks custody but me abh I will get 26 weeks that is not fair ,I m not satisfied by that answer
Expert:  Jo C. replied 3 years ago.
I will opt out then as I cannot change the sentencing guidelines.
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name is Nic I will do whatever I can to help you today.

I see the expert had opted out, what else do you want to know?
Customer: replied 3 years ago.
What I still say,she say I may go to custody what I find not realistic ,juste a bruise who send me in prison ?the guy did not go to hospital ,I have been charge with abh
Expert:  UK-Justice replied 3 years ago.
Newton hearing is where the prosecution do not accept the defence version and a judge needs a trial to decide whether to sentence on the defence version or prosecution version of events.

Even if it was a common assault you could go to custody.

If you have been charged with Abh then at court it is possible to do a deal for a lower charge.

If there you have any questions or if I can help you with anything else please let me know.


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