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whats likely to happen
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2 weeks ago i found out my b/fd of 10 years had been cheating on me.
Id gone to bed early not feeling to good. I woke up and found he hadnt came to bed. I came downstairs to make a cup of tea for my sore throat and found him asleep with the laptop on his knee. Sitting down with my tea curiosity got the better of me and i had a look at what he had been doing on the laptop. There was a convo still on screen between him another woman arranging to meet up for sex. This is not the 1st time in our relationship ive have caught him.
I dont know what i was thinking but in that split second of anger and upset i ran into the kitchen, picked the kettle up (that had been cooling for approx 15mins) and threw the water at him. As soon as i did it i panicked, stripped his pjs off him and put him in the shower & wrapped him in cling film then phoned for an ambulance,
The police arrived at the same time and i told them everything. Ive been honest and upfront. They arrest me for a section 47 (i dont know what a 47 is). Ive been bailed for 10 weeks. My daughter and I cant go home.
He has burns to his hand and genital area. Some are 1st degree.
Ive never been in trouble before and totally regret what ive done.
What happens now? I dont got back to the police station till June. The more i think the more i panic. Do i go to court on the bail date? Will i go to crown court? Will i go to prison. Im so frightened. My solicitor isnt telling me anything.
Id gone to bed early not feeling to good. I woke up and found he hadnt came to bed. I came downstairs to make a cup of tea for my sore throat and found him asleep with the laptop on his knee. Sitting down with my tea curiosity got the better of me and i had a look at what he had been doing on the laptop. There was a convo still on screen between him another woman arranging to meet up for sex. This is not the 1st time in our relationship ive have caught him.
I dont know what i was thinking but in that split second of anger and upset i ran into the kitchen, picked the kettle up (that had been cooling for approx 15mins) and threw the water at him. As soon as i did it i panicked, stripped his pjs off him and put him in the shower & wrapped him in cling film then phoned for an ambulance,
The police arrived at the same time and i told them everything. Ive been honest and upfront. They arrest me for a section 47 (i dont know what a 47 is). Ive been bailed for 10 weeks. My daughter and I cant go home.
He has burns to his hand and genital area. Some are 1st degree.
Ive never been in trouble before and totally regret what ive done.
What happens now? I dont got back to the police station till June. The more i think the more i panic. Do i go to court on the bail date? Will i go to crown court? Will i go to prison. Im so frightened. My solicitor isnt telling me anything.
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(Multi-part post):
'Section 47' refers to the relevant part of the Offences Against the Person Act 1861. It simply means that you've been charged with 'assault occasioning actual bodily harm'.
'ABH' is an 'either way' offence, which means that it may be dealt with solely by a magistrates court or the magistrates can decline jurisdiction and refer the matter to the Crown court. The most common reason for that to happen is when the magistrates believe that their sentencing powers might not be sufficient. The maximum penalty in a magistrates court is 6 months imprisonment (and/or a fine). The maximum penalty before the Crown court is 5 years imprisonment (and/or a fine of up to �5000).
My guess is that, based upon the circumstances and injuries you've described, the magistrates may well refer the case to the Crown court. If that happens, don't start panicking. It doesn't automatically mean that you'll be facing a lengthy prison sentence. (Crown courts don't like the idea that the lower courts might be dictating sentences to them. They frequently pass non-custodial sentences when magistrates thought that a sentence longer than 6 months might be required).
'Section 47' refers to the relevant part of the Offences Against the Person Act 1861. It simply means that you've been charged with 'assault occasioning actual bodily harm'.
'ABH' is an 'either way' offence, which means that it may be dealt with solely by a magistrates court or the magistrates can decline jurisdiction and refer the matter to the Crown court. The most common reason for that to happen is when the magistrates believe that their sentencing powers might not be sufficient. The maximum penalty in a magistrates court is 6 months imprisonment (and/or a fine). The maximum penalty before the Crown court is 5 years imprisonment (and/or a fine of up to �5000).
My guess is that, based upon the circumstances and injuries you've described, the magistrates may well refer the case to the Crown court. If that happens, don't start panicking. It doesn't automatically mean that you'll be facing a lengthy prison sentence. (Crown courts don't like the idea that the lower courts might be dictating sentences to them. They frequently pass non-custodial sentences when magistrates thought that a sentence longer than 6 months might be required).
The judge (or magistrates) will have to refer to this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
Sentencing guidelines for ABH appear on page 17. As printed there, they refer to first time offenders convicted after a trial. An early guilty plea can see the sentence reduced by up to a third.
You'll see that many ABH offences can lead to quite lengthy prison sentences but you'll also see that non-custodial sentences are still possible. With a good barrister (or solicitor if the case doesn't reach the Crown court) you stand quite a good chance of avoiding custody but nobody can give you any guarantees.
When you go back to the police station you might simply find that they're not ready to deal with the matter. If so, you'll just be re-bailed to another date. (That could happen several times). The police could also question you further but that's probably unlikely. Eventually (possibly after being re-bailed several times), you'll be charged and bailed to appear before a magistrates court. Don't be at all surprised if nothing happens on that date and you're simply bailed to a new date. At some stage the magistrates will decide whether to accept or decline jurisdiction. If they decline, there will be several more procedural hearings before the Crown court. (If the case does go to Crown court, expect it to be around 9 months, or possibly longer, before you're actually sentenced).
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
Sentencing guidelines for ABH appear on page 17. As printed there, they refer to first time offenders convicted after a trial. An early guilty plea can see the sentence reduced by up to a third.
You'll see that many ABH offences can lead to quite lengthy prison sentences but you'll also see that non-custodial sentences are still possible. With a good barrister (or solicitor if the case doesn't reach the Crown court) you stand quite a good chance of avoiding custody but nobody can give you any guarantees.
When you go back to the police station you might simply find that they're not ready to deal with the matter. If so, you'll just be re-bailed to another date. (That could happen several times). The police could also question you further but that's probably unlikely. Eventually (possibly after being re-bailed several times), you'll be charged and bailed to appear before a magistrates court. Don't be at all surprised if nothing happens on that date and you're simply bailed to a new date. At some stage the magistrates will decide whether to accept or decline jurisdiction. If they decline, there will be several more procedural hearings before the Crown court. (If the case does go to Crown court, expect it to be around 9 months, or possibly longer, before you're actually sentenced).
Try not to worry too much, but keep hassling your solicitor. He (or she) will probably know several days ahead of your next appointment at the police station what (if anything) is likely to happen. (Your solicitor needs to know in order to determine whether he/she should attend. If you're going to be re-bailed it would be pointless your solicitor attending, because you'll be 'in and out' within a couple of minutes). Also, if the case goes to Crown court, insist on meeting your barrister before you get to court. (Far too many people never even see their barrister into just before they enter the Crown courtroom. That doesn't provide enough time for full consultation).
Chris
. . .and thank you for your reply.
I'd be lying if I said that there was absolutely no chance of you going to prison. I can only repeat the wording of my post above:
"You stand quite a good chance of avoiding custody but nobody can give you any guarantees".
Hassle your solicitor. If the case is going to Crown Court, insist on meeting your barrister before you get to court.
Based upon what you've written (e.g. your obvious immediate remorse, as exhibited by your provision of first aid and calling the emergency services), together with your 'clean record', I think it's by far the most likely that the court will pass a non-custodial sentence but you need to ensure that you do everything possible to ensure that outcome. As well as hassling your legal advisers, think about what you might say to probation workers. That's because the Probation Service will probably be asked to prepare a pre-sentence report. (Express remorse. Tell the interviewer that you're terrified at the thought of a possible prison sentence. Make it clear that you'll go along with anything that the Probation Service might suggest).
Chris
I'd be lying if I said that there was absolutely no chance of you going to prison. I can only repeat the wording of my post above:
"You stand quite a good chance of avoiding custody but nobody can give you any guarantees".
Hassle your solicitor. If the case is going to Crown Court, insist on meeting your barrister before you get to court.
Based upon what you've written (e.g. your obvious immediate remorse, as exhibited by your provision of first aid and calling the emergency services), together with your 'clean record', I think it's by far the most likely that the court will pass a non-custodial sentence but you need to ensure that you do everything possible to ensure that outcome. As well as hassling your legal advisers, think about what you might say to probation workers. That's because the Probation Service will probably be asked to prepare a pre-sentence report. (Express remorse. Tell the interviewer that you're terrified at the thought of a possible prison sentence. Make it clear that you'll go along with anything that the Probation Service might suggest).
Chris
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