Whilst I'm spamming your comments, I may as well finish what I started! The starting point for an non-premeditated ABH assault resulting in no permanent injuries (presumably the case here) is 12 weeks in prison. That can be mitigated down though; first offence, guilty plea, not falling under the "dangerous offender" category etc. Not saying that any/all those apply here, obv.
That said, the bottom end of the range is supposed to be a community sentence. Sentencing guidelines are here:
More generally, it's a strange one. I can't help feeling there's more to it than meets the eye though. For starters, cutting someone with a knife should be a straight GBH with a weapon charge - that's an instant 12-24 month sentence on its own. The fact this is apparently so far out of kilter makes it either amazingly wrong (possible) or we don't have the full facts as to how the case went.
I dealt with lots of cases where battered wives withdrew their police statements, and it's a nightmare; incredibly frustrating for the police, CPS and the courts.
Background definitely helps though, you're right. Not necessarily in an "old boys network" way though - educated people are much better at a) not dropping themselves in it, and b) saying the right things at the right time. Hell, even turning up to court in a suit makes a big difference IMO.
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momijizukamori
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Date: 2007-Aug-21, Tuesday 14:48 (UTC)That said, the bottom end of the range is supposed to be a community sentence. Sentencing guidelines are here:
http://www.sentencing-guidelines.gov.uk/docs/Assaultandotheroffences%20ConsultationguidelineFINAL-2007-06-21-JS.pdf
should you fancy a fairly dull read ;)
More generally, it's a strange one. I can't help feeling there's more to it than meets the eye though. For starters, cutting someone with a knife should be a straight GBH with a weapon charge - that's an instant 12-24 month sentence on its own. The fact this is apparently so far out of kilter makes it either amazingly wrong (possible) or we don't have the full facts as to how the case went.
I dealt with lots of cases where battered wives withdrew their police statements, and it's a nightmare; incredibly frustrating for the police, CPS and the courts.
Background definitely helps though, you're right. Not necessarily in an "old boys network" way though - educated people are much better at a) not dropping themselves in it, and b) saying the right things at the right time. Hell, even turning up to court in a suit makes a big difference IMO.