tag:blogger.com,1999:blog-6110794854146484721.post45710691164070256..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: Sentencing Council issues new guidelines for assault offencesObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-6110794854146484721.post-22922835918558795542015-06-28T23:08:44.220+01:002015-06-28T23:08:44.220+01:00This doesn't fill me with any confidence at al...This doesn't fill me with any confidence at all,The man who attacked me the other week is in court soon for assault and battery , didn't even know the bloke and since he threatened to kill me I was kind of hoping he would get more than a slap on the wrist, so I am scared for life because he split my eye open, have to take time off work, and he gets what??Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-24567584427926411752011-05-16T20:33:19.508+01:002011-05-16T20:33:19.508+01:00ok thanks alot ;)ok thanks alot ;)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-52813384007201135932011-05-16T17:16:47.470+01:002011-05-16T17:16:47.470+01:00Anonymous - you will find the answer to your quest...Anonymous - you will find the answer to your question in the Professional Consultation document - link in the post above. The maximum will depend on the precise charge. Beyond that, this blog does not offer legal advice of any type.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-45839152702788147962011-05-15T19:43:59.281+01:002011-05-15T19:43:59.281+01:00i have been charged with assault to injury and i h...i have been charged with assault to injury and i have to appear in front of the court on the 26th of this month. i was wondering if someone could tell me what the maximum sentence is if one at all?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-45584339610842142242011-03-18T17:04:34.394+00:002011-03-18T17:04:34.394+00:00IT may seem to be in line with KC but this is in f...IT may seem to be in line with KC but this is in fact a law passed by the last govt and a Sentencing Council appointed by them. It has to be remembered that this is a substitute for a Sentencing Grid which was what had been suggested by the Carter Report. Evidence given to the Justice Ctte - who have a statutory right to comment on these guidelines - suggest that there are doubts about the approach being taken. It is very clear from Leveson LJ's evidence and from the minutes of the SC that this is all being undertaken with the Crown Court judiciary in mind and the magistrates are expected to fit in. It seems a pity when most magistrates have got used to the format introduced in August 2008 to start all over again.Onlooker JPnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-4925457916078335752011-03-18T10:16:45.548+00:002011-03-18T10:16:45.548+00:00@ ASouthernJP - good points. Re Charging Practice...@ ASouthernJP - good points. Re Charging Practice - I suppose that if common assault is charged but the facts of the offence would justify s.47 then the offence would at least be Category 1 in Common assault. However, I am not completely sure it would work out that way in practice.<br /><br />"Previous convictions" only come into play in Step 2. However, as I am sure you have noticed, there is an interesting bit of wording in Step 2:-<br /><br />"The table below contains a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point. In some cases, having considered these factors, it may be appropriate to move outside the identified category range."<br /><br />Hence, so long as the court can give sound reasons for doing so, it appears that it may be possible to move upwards (e.g. Cat 2 to 1) as part of Step 2. <br /><br />The new guideline is the first by the new Sentencing Council and works differently to the existing guidance based on first time offender convicted after trial. I understand that they plan to issue furtehr guidelines on the same basis as this new assault guidance.<br /><br />It all seems very in line with Kenneth Clarke's views about short-term imprisonment. I am concerned that the victim has not been adequately considered in all of this. It is very hard and needs a lot of courage to pursue an assault prosecution. The lower the likely sentence the less likely it is that victims will see point in staying the course.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-50531707999338579762011-03-18T09:19:54.639+00:002011-03-18T09:19:54.639+00:00I suspect that the effect of the new guideline for...I suspect that the effect of the new guideline for common assault will be to reduce somewhat the likelihood of imprisonment for those convicted of low level violence. <br /><br />There is much less opportunity to take previous convictions into account when arriving at a sentence since movement from one category level to another is restricted. At present I would say it is relatively easy for sentences to pass the custody threshold when considering repeat offending, and this will now be harder. Probably a good thing. In legislation we have gone from 'must not consider previous convictions' to 'may consider' to 'must consider', so perhaps this is a useful re-adjustment of the pendulum.<br /><br />A lot will depend on charging practice - there is a common belief that cps tends to charge common assault where the degree of injury would suggest ABH, on the basis that it will be easier to get either a guilty plea or cheaper to convict in the mags court.ASouthernJPnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-69920403280964771082011-03-17T19:56:56.251+00:002011-03-17T19:56:56.251+00:00In 1993 the Law Commission looked at reforming the...In 1993 the Law Commission looked at reforming the law relating to Non-fatal offences against the person - <a href="http://sixthformlaw.info/06_misc/pdf_files/law_com_oap_1993.pdf" rel="nofollow">their report</a> is essential reading for those serious about criminal law.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-32288204060730385152011-03-17T19:30:26.285+00:002011-03-17T19:30:26.285+00:00Space considerations caused me to just write about...Space considerations caused me to just write about the Magistrates' Court common assault guidance. Naturally, the "anti" increases for the other (more serious) offences !!ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-44931849483189461372011-03-17T18:37:36.819+00:002011-03-17T18:37:36.819+00:00Thanks for the info. Baseball bat being polished ...Thanks for the info. Baseball bat being polished as we speak. If the law won't defend me I'll do it myself. After all, what's the worst that can to happen to me if I hit back ?<br /><br />Someone either didn't think this through ...or they did very carefully and decided civil war would be the cheaper option.Anonymousnoreply@blogger.com