News1 min ago
Too Harsh A Sentence ?
25 Answers
I had a row with my next door student neighbours about loud music. After a row, a girl (X) took a swing at me, which missed, but I punched her on the side of the face. Another girl (Y) came out of a side room to see what was going on, and then claimed I grabbed her and threw her against a wall. Girl x then started giving me loads of abuse, and after she called me an effing something I punched her again, this time on the nose. I didn't connect properly. I was charged with two counts of assault.
My brief advised me to plead guilty to punching X since I had, and not guilty to the charge against Y.
In front of magistrates, I was found not guilty against Y, but the old bill wanted the full facts to come out against X, and I was found not guilty regarding the first time I hit her, on the basis it was deemed as self defence.
Sentencing me for the second punch on X, despite this is my first offence, I was given 140 hours community service, and order to pay £200 in compensation, and £85 in costs.
Since X suffered no damage at all, isn't this extremely harsh? Cantona got 120 hours for the assault on a fan (remember?).
Have I any right of appeal against the severity of the sentence.
Thanks all in advance.
My brief advised me to plead guilty to punching X since I had, and not guilty to the charge against Y.
In front of magistrates, I was found not guilty against Y, but the old bill wanted the full facts to come out against X, and I was found not guilty regarding the first time I hit her, on the basis it was deemed as self defence.
Sentencing me for the second punch on X, despite this is my first offence, I was given 140 hours community service, and order to pay £200 in compensation, and £85 in costs.
Since X suffered no damage at all, isn't this extremely harsh? Cantona got 120 hours for the assault on a fan (remember?).
Have I any right of appeal against the severity of the sentence.
Thanks all in advance.
Answers
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If you do decide to appeal against your sentence to the Crown Court You must lodge your appeal with the Crown Court within 21 days of the date you were sentenced. The matter will be heard before a judge and two magistrates (from a different bench to the one which heard the original case). Each of the three has an equal say on matters of fact whilst the judge alone rules on matters of law.
As Buenchico says, for your appeal to succeed you will have to show that the magistrates placed the offence in the incorrect category of seriousness. From your description you may have difficulty with that. If your appeal is unsuccessful you will face costs of around £400.
If you do undertake your unpaid work, unless you have circumstances which make it impossible, you will usually be told to report weekly for sessions lasting six or seven hours meaning it will take you about twenty weeks to complete.
As Buenchico says, for your appeal to succeed you will have to show that the magistrates placed the offence in the incorrect category of seriousness. From your description you may have difficulty with that. If your appeal is unsuccessful you will face costs of around £400.
If you do undertake your unpaid work, unless you have circumstances which make it impossible, you will usually be told to report weekly for sessions lasting six or seven hours meaning it will take you about twenty weeks to complete.
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With regards to your community payback, i have offenders work with me all the time. Depending on the probation's assessment of you, you will either go into a group session...working with others, fully supervised by a probation officer or go to a single placement. Single placements can either be working in a charity shop or working with me or my colleagues doing gardening. Work is for a minimum of 7 hours a day.
Keep your head down, be nice, do the work and it'll be a doddle. I've actually made some very good friends in the 4 years i've been doing it.
Keep your head down, be nice, do the work and it'll be a doddle. I've actually made some very good friends in the 4 years i've been doing it.
