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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My husband has been convicted of ABH he pleaded guilty, and

Customer Question

My husband has been convicted of ABH he pleaded guilty, and it has been sent to Crown court for sentencing, I subequently found out that has one if not two previous convictions for ABH, is he likely to get a prison sentance. Thank you in advance
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

What are the circumstances please?

Customer: replied 2 months ago.
He assaulted me in our home and hit me repeatedly with a die cast model which is over 60 cms long and weighs, approx 2kg, resulting in multiple bruising and a broken acromion bone (shoulder) I also have anorexia and with 45kg and am 117cm in height. He is also aware that I am awaiting a dignosis of osteoporosis, which has come back as a diagnosis of osteopena (?SP) which is a precursor to osteoporosis.
Expert:  Jo C. replied 2 months ago.

Have you done this before?

Customer: replied 2 months ago.
Have I done what before?
Expert:  Jo C. replied 2 months ago.

Called the police to a domestic issue.

In particular have you had him arrested before?

Customer: replied 2 months ago.
In 2013 I sustained a fracture to my L3 spine, and A&E phoned the police, he was arrested but I withdrew my statement and they dropped charges, they now want to persue this case as well, but not at this point. The police wanted to charge him with GBH but the CPS lowered it to ABH. The 1998 was on a former girlfriend
Customer: replied 2 months ago.
My 7 year old was also at home but was asleep, if that makes any difference
Expert:  Jo C. replied 2 months ago.

So he hasn't been convicted of that offence?

Surely they have offered no evidence anyway?

Customer: replied 2 months ago.
He has been convicted as he pled guilty at Magistrates Court on Saturday hence why he is up for sentancing at Crown Court. He was convicted in 1998 and 2001, I only know for sure that one of them was for ABH. Not sure what you mean by no evidence.
Expert:  Jo C. replied 2 months ago.

I see. It is one single count.

Do you know what he got last time? Although it would probably be disregarded as 15 years old.

Customer: replied 2 months ago.
I have no idea where you got it that he was 15 years old, no I dont I am trying to find out but this is proving hard. They are going to persue the one in 2013 seperately, I am being reinterviewed next week.
Expert:  Jo C. replied 2 months ago.

15 years ago. I think that was the auto correct.

Expert:  Jo C. replied 2 months ago.

I'm not sure how they could pursue the 2013 one if they offered no evidence or delivered a formal NFA at the police station.

Expert:  Jo C. replied 2 months ago.

On the face of it, this would be suitable for a suspended sentence although it does depend what the previous sentences were.

Expert:  Jo C. replied 2 months ago.

People don't usually go to prison for ABH particularly easily. It is not an offence that only justifies custody.

The guidelines do say the middle and top bracket passes the custodial threshold but usually a suspended sentence is preferred.

The two other matters are old and are unlikely to be considered in practice unless, of course, there has been a relevant sentence.

Customer: replied 2 months ago.
The 2013 one is not being dealt with at this time, so even though he has a conviction for ABH domestic violence in the past, and the medical evidence for 2013 you thoughts are that it will be suspended. I am still curious to why you think he was 15?
Customer: replied 2 months ago.
Ah understand the 15 years now!
Expert:  Jo C. replied 2 months ago.

He isn't going to be sentenced on the basis of an outstanding 2013 matter.

Customer: replied 2 months ago.
OK, so even with previous convicitons for DV your expert opinion is that he will get a suspended sentance, even though he broke a bone, it was a sustained attack, I am vulnerable and my 7 year old son was in the house. Just trying to prepare myself.
Expert:  Jo C. replied 2 months ago.

Well, as I have said really, those are over 15 years old.

It is an aggravating feature that there was a child in the house and that will be considered. I don't really know enough about it to be able to place it within a particular guideline.

But Judges will often prefer suspended sentences.

Customer: replied 2 months ago.
I see what you saying - why did hte magistrates send it to Crown court when they could hae done a suspended sentance etc

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