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Breaching a non molest and abh ,guilty !

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Any idea what he will recieve ? waiting pre sentence reports .He has also been charged again with another breach of the non molest ,will this come up in pre setencing reports ? so glad my nightmare is over ! Thank you .

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Where did he get tried, crown court or magistrates?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Magistrates ,but apparently as several courts have closed down they can now issue longer sentences !Also ,i have a trial with him again for the same offence( different units charged him ) in August !
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Okay well magistares can impose a 6 month custodial sentence maximum per offence, and a year in total for various offences. They can also impose a £5000 fine per offence. Along with this all types of community sentence are available (an unpaid work requirement etc). I would err on the side of caution with magistrates imposing longer sentence, I've never heard this happen. Perhaps if it was heard by a district judge but I have honestly never come across a situation where they allowed longer sentencing powers, because the prosecution could appeal due to the law being very clear about magistrate powers. The appeal would be to crown court, which could lead to a longer sentence still but the appeal process would be time consuming and expensive for the justice system.
    Did he plead guilty?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    No he pleaded not guilty ! And also is pleading not guilty to breaching the non molest order as soon as he left the station after been charged with abh and breach ..unreal !
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    A not guilty plea means he has the right to ask for the trial to be moved to crown court, just so you're aware. Depending on the sentence for this trail I'd assume that will influence his decision for the next trail. If he chose crown court the process will be much longer.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Thank you very much for your reply ,i do appreciate your time .This is a trial but at the magistrate court ,i have never heard of it before either ,but apparently because the courts are closing down here ,there and everywhere,the magistrate can now hand down longer sentence ! ...
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I'm very very very skeptical. Who told you that? It would lead to all sorts of injustice, the magistrates can only impose short sentences because they are not legally trained and it would be infringing liberty if they could pass the same sentences as a judge.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Ahhh ok ...Breaching a non molestation order alone can carry 5years so i have been told ,i must be getting mixed up ,my apologies .Also assaulting me with a baseball bat which forensics photographed ,as did my GP ,just thought the judge would be able to give longer .I am not sure why it never went to crown as he pleaded not guilty ..as he has done with the next charge ! Crazy uh ....
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I am shocked it hasn't gone to crown court. Unfortunately the prosecution can't make an appeal. I will ask my law tutor about magistrates passing longer sentences, would you be able to pm more details so I can accurately explain the situation to him? No worries if you would rather not I will speak to him on the information given
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I REALLY APPRECIATE IT ! I have pm you !
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