Abh Query

[np181]

Would the need for a few stitches for laceration which does NOT require a blood transfusion be greater or lesser harm?

[np181]

But when would the judge apply them. After harm/culpability has been assessed?

[Peter Pedant]

jesus chris you need a gold star for your fridge

[calmck]

Maybe you should contact a lawyer

[THECORBYLOON]

You're giving information bit by bit and whatever is said on here is opinion only.

An important word to mind on is "normally" so the particular circumstances of the crime might mean that what is normally required, need not be.

[THECORBYLOON]

Hire a lawyer.

[Peter Pedant]

the judge does the fact bit
and then does the sentencing bit in that order

[Buenchico]

You've only given us the vaguest of outlines of the case. However if, as it's beginning to read like, it involves knife crime against a child, you can forget about reading all of the fine print in the guidelines. I'll tell you now (categorically) that the judge will be fully satisfied that the 'custody threshold' test has been passed. (i.e. the judge WILL pass a custodial sentence).

However he/she will then have to apply the second test, which requires him/her to consider whether the sentence can be suspended. That will depend upon factors that we've no knowledge of, such as the previous criminal history of the offender (if any), the level of remorse shown, the likelihood of reoffending (as assessed by the probation service), the likelihood of the offender complying with any requirements to, for example, undertake unpaid work (again, as assessed by the probation service), etc.

[Peter Pedant]

The Roll-Out Leaves Lingering doubts over whether we are doing someones course work

[np181]

This is a hypothetical situation. Irrespective of everything else. Does the DV specific guidelines apply to the first bit (harm/culpability) or the second bit (aggravating/mitigating)?