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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71038
Experience:  Over 5 years in practice
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Can I have advise on mitigating circumstances for ABH sentencing.

Customer Question

Can I have advise on mitigating circumstances for ABH sentencing. My Son has been charged with 2 accounts of ABH. The case is being heard in the Crown Court. Our Solicitor has advised that due to the nature of the crime, the sentence has passed the threshold for anything other than a custodial sentence. My Son has been under his GP and receiving medication for social phobia, panic attacks and anxiety for the past year. He went out and drunk alcohol whilst taking the medication and he acted completely out of character, we have since found out that the cocktail of alcohol and medication is a lethal combination.

Whilst we understand that this is not a defense, he has a very good managerial job which he has held for 3 years, he has no previous convictions and helps me care for my youngest Son who is Autistic as I am a single mum. His GP are going to write a report confirming his mental health issues and the fact that he is on medication, and was when the incidents happened. My Son who is Autistic GP is also going to write to the Judge explaining the devastating effects it will have having his elder brother removed from his life. His employers are writing letters stating that they are aware of the incidents and are shocked as this is out of character and he has been on several work functions in the past and drunk alcohol which never resulted in an violent behaviors.

I am looking for advice as to whether any of this will help when it comes to sentencing. Is there any other avenues we can explore to maybe try to get a suspended sentence rather than custodial? My Son is unable to cope with a trial and has decided to plead guilty as he cannot cope with the stress. He has been on police bail for approx 7 months, is this time taken into account when sentencing?

Any help would be greatly appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this.

Jo C. :


Customer: replied 3 years ago.

Thanks Jo,


I am really looking for as much help as you can offer as a custodial sentence will have such a huge impact on our family, especially my autistic son. If you could any advice as to anything else that would lessen the sentence he receives I would be grateful.

Expert:  Jo C. replied 3 years ago.
Its quite unlikely that you would avoid custody I'm afraid.

What is the nature of the offence and the level of injury?
Customer: replied 3 years ago.

In the first incident, two boys confronted my Son. One of them hit my Son so my Son punched the boy. He has damage to his two front teeth. My Son was not aware that he caused this damage, and he only hit him one but as he cannot mentally face trial, he will not be giving his account to the court.


In the second incident, the CPS are stating that my Son was not the initiator of a fight which broke out. They say that acted in self defense but used too much force in defending himself. He became involved trying to separate two people fighting and then punched a boy. The CCTV shows that my Son made one stamp motion on the floor and are saying that he stamped on the boy. The CCTV does not show that my Son stamped on the boy, or that any contact was made with him, but it does show the one stamping motion. The boy had bruises but no serious injuries.


What type of evidence will help to reduce the sentence? Does the time spent on police bail get taken into account?

Expert:  Jo C. replied 3 years ago.
Are these on two separate occasions?

Police bail is not generally considered. What were the conditions of bail?
Customer: replied 3 years ago.

They were two separate incidents which happened on the same night approx half hour apart. Bail conditions were not to go within the City Centre where the incidents happened, not to be drunk in a public place and to sleep and eat at our home address every night and not to correspond with the other defendant

Expert:  Jo C. replied 3 years ago.
Was it stamping to the head or the body?

I am sorry but you should expect custody for this.