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james bruce
james bruce, Solicitor-Advocate
Category: Law
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Experience:  Owner at James Bruce Solicitors
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Advice please. Family member has been remanded and sent to

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Advice please. Family member has been remanded and sent to prison following an ABH charge against his partner, he’s awaiting a trial date at crown court. The partner has ended up with a broken nose from being assaulted with a hoover pole. My family member has mental health problems and alcohol and substance abuse issues. He also caused criminal damage to his partners cars a few months ago and was given a community service order for this. How long of a custodial sentence is he looking at?

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Sentencing would depend on whether he will be pleading guilty to the offence or not guilty and having a trial.

Customer: replied 12 days ago.
He is pleading not guilty and is maintaining that he defended himself. He states that they got into an argument and she lifted the hoover pole and attempted to hit him and he grabbed hold of the pole whilst still in her hands and pushed back against her and the force caused the pole to make contact with her face and break her nose.
Customer: replied 12 days ago.
Just checking we are able to continue talking, I don’t want to do the phonecall option. Thanks.

If he is found guilty after a trial, then he receives no credit towards sentence.The judge would adjourn to start with for a full pre sentence report.

On sentencing the judge would look at the degree of harm caused and the level of culpability.

There is a chart that is used to see where the sentence falls into.

Culpability has 3 levels. This case most likely would be level B medium due to the use of the hoover pole. The level of harm also has 3 levels. In the case it will either be cat1 high, or cat2 medium, because of the injury caused. Which cat exactly will be either agreed or argued in court.

A level B offence with cat 1 harm has a starting sentence of 18 months in prison, with a range of sentencing from 9 months up to 30 months.

A level B offence with cat 2 harm, has a starting sentence of 9 months, and a range of a high community order up to 18 months in prison.

Customer: replied 12 days ago.
Ok this has been very helpful. And if he was to change his plea from not guilty to guilty would He receive a reduction in sentence?

As it stands after conviction by trial, the starting point of sentence would be right, then possibly increased due to no credit, previous convictions, offence committed whilst on a community order and in a domestic setting.

If he changes his plea, then yes he would receive credit for his plea.

Customer: replied 12 days ago.
how much of a reduction does credit for plea carry?
Customer: replied 12 days ago.
Will his mental state and addictions have any relevance on sentencing?

One third is the normal amount is guilty plea entered at the first opportunity.

One quarter is the case has been listed for trial, and only one tenth is plea entered on day of trial. So the sooner a plea is made, the more credit is gained.

His mental state and addictions are not a defence, but cold be used as mitigation as to why what happened.

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Customer: replied 12 days ago.
Ok this has been very helpful thank you for this.

Your welcome.

If the partner is supportive, and states this, and if he enters a guilty plea and shows remorse, then it could be possible that he could receive a suspended sentence.

Any time he spends on remand also counts towards any sentence.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.