likely sentence??? criminal damage

[amzy1988]

ex boyfriend is currently on bail due to return next wk with cauasing �8,000 worth of damage to my home whilst drunk. He previously had a suspended sentence which finished a year ok, I'm wondering what the likely outcome was as I dont want him to go to prison. please help

[MWB]

You obviously have some residual feeling for your ex - BF.

A couple of questions.

1: Why is he your ex-BF?
2: What was the suspended sentence he received for?

By you reading those questions & then thinking about them, perhaps you'll realise you Do want him to go to prison & perhaps he NEEDS too.

[New Judge]

Criminal damage, where the value of the damage exceeds �5,000, is an �Either Way� offence, which means it can be dealt with either at the Magistrates� Court or at the Crown Court.

Magistrates� sentencing guidelines for damage between �5k and �10k suggest a custodial sentence is appropriate, in the range between 12 and 26 weeks.

There are a number of factors which could aggravate the offence in the eyes of the magistrates, and if you were together at the time this would be seen as taking place in a �domestic� setting, and makes the offence more serious.

His previous record (even though the suspended sentence period may have elapsed) will also go against him.

[amzy1988]

thanks both.

would there be any mitigatin circumstance i.e. he was drunk and i did wind him up. what happens if i withdraw my statement. is he definately lookin prison?

[New Judge]

The fact that he was drunk will aggravate the matter in the eyes of the judge or magistrates. He may be able to offer your provocation as mitigation.

Although this offence is not, strictly speaking, one of domestic violence, it may well be viewed by the Crown Prosecution Service (CPS) in the same light. They have policies which enable them, in certain circumstances, to continue such a prosecution even if the alleged victim withdraws his or her statement. Your withdrawal will not automatically mean that the prosecution is discontinued. This is set out in their document:

http://www.cps.gov.uk/publications/docs/Domest icViolencePolicy.pdf

Paragraphs 5.9 to 5.27 are particularly relevant.

You should also note from that document that if you do retract your statement enquiries will be made into the reasons why you have done so.

Only the sentencing judge or magistrates can say whether prison is a certainty. However, in terms of Criminal Damage, the value of �8,000 makes this a serious offence and sentencing guidelines certainly suggest that custody must be considered.