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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I am concerned because I have a previous record of gbh

Resolved Question:

Hi. I am concerned because I have a previous record of gbh section 18 against a partner from nearly 10 years ago of which I recieved a 3 and a half year sentence.
I completed victim awareness inside and outside I completed IDAP. And also a drink program because I was in drink.
Since then I have worked very hard on getting my life back on track. I have
A good job which I have worked so hard for.
I also realised my problems were with drink so I cut that down. And also I steered away from relationships because I knew also I had problems there.
Unfortunately I did get convicted of abh and criminal Damage a year and half ago. Which wasn't a relationship issue but definitely a drink issue. I had a fine of over 1000 pounds. Probation for one year and anot her drink program which I completed and 140 hours community service my probation was very happy with my efforts at the end of my time.
Now the problem is that I finally got into another relationship after a long time of bring out of one and we argued alot.
We were toghther just 3 weeks and I smashed her phone and laptop during our last argument and spat on her twice during another argument before.
I have admitted it and I have been charged with 2 assualt by battery (for the spitting)
And criminal damage for the value of the phone and laptop. 600 pounds worth.
Obviously I'm concerned that bcus of previous domestic violence that they are going to throw the book at me
and I could lose everything I have
Worked hard for again.
What are your views on what the outcome could be? Baring in mind my previous. And that have already done IDAP. I'm guessing they wI'll take to account that it is a while ago when I was done for the gbh domestic and I will explain that I have been constantly managing my drinking since. Alltho there was one slip up.
This case isnt regarding alcohol atall. So they won't go down the route of suggesting anymore alcohol treatment. Clearly its soley a domestic problem I must still have.
But as I said I did the IDAP. So what would you expect them to suggest? Would you say anger management? And if so do you have any advice on anything I could have suggested to the court to make clear I'm waiting to address the issue?
Do you have an idea of what the outcome could be regarding sentencing?
I believe I'm not capable of maintaining a relationship. And I know I have issues in them. Which is why I steered clear for years. But this time I met a girl and I thought she was the one , finally and that everything could possibly be okay if we worked on issues if they arose . Unfortunately I realise it's not the case as I spat on her and damaged some goods.
I'm really unhappy with myself. However I do realise I need to stay away from relationships and that is somthing I need to address again. I do thoroughly understand that. And I am very remorseful.
I'm just concerned
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
in short, you are being sentenced for a common assault and two counts of criminal damage?
Customer: replied 1 year ago.
No, sorry it's 2 accounts of common assault. And one criminal damage.(Spitting on her on two occasions and smashing her laptop and phone. The crim damage is classed as 1 charge of crimes damage )
Expert:  Jo C. replied 1 year ago.
Ok. Your most recent conviction is a year and a half ago?
Customer: replied 1 year ago.
that's correct. For abh and criminal Damage. And I got a big fine and 140 hours community service. And I had to do an alcohol course
Expert:  Jo C. replied 1 year ago.
It is very difficult to predict really.The sentencing guidelines will be fairly useless in the circumstances as your previous make them irrelevant. Your domestic GBH is old but it would be foolish to believe they will not consider it. The ABH is a relevant offence although not domestic related.I don't think they will give you a second IDAP course. It is too expensive. There is a course called Building Better Relationships that they could send you upon.That said, although spitting is disgusting, it is still a low level common assault. They will probably say it was an additional degredation for the complainant but it doesn't change the outcome. I think they will settle on a community order.There will be a compensation order for the cost of the phones plus costs of £85 and interest.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Okay. Thanks. One more thing.
I am concerned because I havnt paid the court fine for the previous criminal damage. Not in full anyway. I did pay about 60 percent of it and then I struggled to pay the rest. I failed to contact them and didn't hear from them. Turned out they passed it onto a bailiff who have been sending letters to my grandads (where i once lived) for the full amount. Which I havnt responded to yet. Also I didn't get the letters for a long time because my grandad just throws letters to one side and I hadn't been up for a while due to working away. I am going to contact them and offer to pay some as soon as possible. But do you think the court im appearing at be aware of the fact that I didn't pay it all? It is in a different county to the previous court. So I'm wondering would they know I havnt paid? And would they ask? And if so would it affect them being able to fine me for this criminal damage? But I'm worried could they say "I'm sorry we cannot fine you so we have to give you another method of punishment? Or will theye just fine me anyway and not be so interested in the fact that I havnt managed to pay the previous one in full? If they would be aware of it of course?
Expert:  Jo C. replied 1 year ago.
they will. You need to deal with that. They will probably just set down a new timetable to pay.There is nothing you can do about it now anyway though unless you can pay in full.
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