Section 4, criminal damage and carrying an offensive weapon

nik9285 | 11:57 Thu 03rd Feb 2011 | Criminal

3 Answers

My boyfriend has been charged with the above. He admitted the criminal damage and the offensive weapon charges straight away (this all happened in April 2010). The judge told him to expect a custodial sentence, but in the meantime he has to see a probation officer. What does the judge take into consideration when sentencing, and does that mean he is guaranteed to get a sentence? there are things like he moved away in the april, he has settled down, we are expecting a baby, he has character references of people he has had dealings with since he moved here, he hasn't been in any trouble since then. He was in trouble when he was 18, and completed a jail sentence, but he is 27 now. Any advice/info would be appreciated, thanks

Scared single mum

My daughter the victim, my son charged with 'assault by battery & beating'

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ummmm

All that will be taken into consideration, along with his employment status. It just comes down to what judge you get though...

nik9285

Question Author

Yeah, i just don't get why the judge said to expect it but he hasn't taken into consideration any other circumstances. Do you know why he would have to see a probation officer first? This is all brand new to me, i really appreciate you replying.

ummmm

I think the probation officer will look at his circumstances as they are now. Decide of the likely hood of re-offending and pass on his opinion to the judge.

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