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Sentencing For Malicious Communications Breaching A Restraining Order And Breaching A Suspended Sentence

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Carolhunt | 13:24 Fri 11th Jan 2019 | Law
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The malicious Communications is over 3 months of false police reports and threats to kill. The breaching of the restraining order is messages to the victim that he will be dead soon this was over 6 months and the suspended sentence (16 weeks) was given last year for harassment and malicious Communications.
I am just looking for advise about how long i will be locked up for as i have a disabled husband who needs me 24/7 and i dont know how he will cope with out me.

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///If the offender fails to comply with a community requirement or commits a further offence during the operational period of a suspended sentence order imposed in a magistrates’ court, the court must activate the suspended sentence in full or in part unless it would be unjust in all the circumstances to do so. Relevant considerations will include the extent to which (if any) the offender complied with the requirements, and, where a subsequent offence has been committed, the facts of that offence. Where the court does not activate the sentence it must state its reasons (CJA 2003, sch. 12, para 8). If the order was imposed by the Crown Court the court must commit for sentence or notify the Crown Court; consult your legal adviser if dealing with a breach of a Crown Court order.

If the court does not activate the sentence in whole or in part it must amend the order so as to:

order the offender to pay a fine of up to £2,500; OR one or more of:
(where community requirements were imposed) make the community requirements more onerous;
(where community requirements were imposed) extend the supervision period;
extend the operational period (but not beyond two years from the date when the original order was made).///

The above taken from https://www.sentencingcouncil.org.uk/

Your Solictor ought to be able to advise more fully......you may have your work cut out to convince the Magistrates that you will honour any further Suspended Sentence terms.
You will have the suspended sentence activated. You can be released at the halfway point 8 weeks. If your husband is unable to look after himself he will be taken into a care home until you get out.
We don't know how much distress was caused to the victim and that can be an important factor when sentencing for 'threats to kill' is concerned. See here:
https://www.sentencingcouncil.org.uk/offences/crown-court/item/threats-to-kill/

I'd guess that 'culpability' might be viewed by the court as 'Medium'. If we further assume that 'harm' is classed as 'Category 2' then the 'starting point' sentence is 12 months imprisonment, with a range between 6 months and 30 months available to the court. It's likely that the other factors you mention (especially the fact that this isn't the first time that the court has had to deal with such matters) might push the sentence upwards from the starting point to, say, 18 months. However an early guilty plea can see that cut by a third, so we're back down to 12 months again. If the suspended sentence was activated (and not ordered to run concurrently with the 12 month sentence) that would take the total sentence up to around 16 months.

Sentencing for the other matters would probably be largely irrelevant, as any custodial sentence given for them would probably run concurrently with the main one.

The actual time that a person spends 'banged up' is only half of the nominal sentence, so my guess is that you might be 'out of circulation' for around 8 months.

However I've had to make a LOT of assumptions in reaching that figure, so it's little more than an 'educated guess' really (but with the 'educated' part coming from having read the official guidance to judges, around half a century of reading court reports and having done a small amount of court reporting myself). Your solicitor/barrister will know far more about the intricate details of the case, so he/she is probably far better placed to advise you than anyone here might be.

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