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