Custodial Sentence for 70 year old man charged with ABH

[Franniban]

My dad is due in court tomorrow for sentencing, having been charged with ABH. He has had a call from his solicitor today saying that the probation service have recommended a custodial sentence. Does this automatically mean what is says, or could this also mean some sort of community service or fine. Am I stating the obvious?

He's 70 and never been in any sort of trouble before.

Thank you

Short answer is no but it is strange that the probation service have recommended a custodial sentence, that is usually indicative of some sort of failure to comply with the pre sentence report that they will have prepared - is that possible?

If he didn't turn up to the meeting with probation services a judge or magistrate is going to be hard pushed to give him probation/community service if he has shown that he is unlikely to comply and ABH is usally to serious to warrant a fine although not unheard of.

The court is not obliged to follow the recommendation of the probation service.

The things the court will take into consideration are the seriousness of the assault, the circumstances in which it occurred, any previous convictions, whether he pleaded guilty at an early stage and has expressed remorse, and his ability and willingness to do a community order or pay a fine.

If he is not willing or able to do community service, the court will not sentence him to it, as he would be back before them for a more serious penalty for failing to complete it.

Thank you for your replies. He did plead guilty to the charge and met with the probationary service at the time that he had to.
He is willing to do community service or pay a fine.

I guess we will have to wait until tomorrow to see what happens, no point in second guessing things. All rather sad and pointless.

I suspect he will get a custodial sentence but it will be suspended.

Sad and pointless? ABH is certainly sad and pointless - sentencing someone who's admitted it isn't

The events leading up to it were sad and pointless, as will the consequences be.

Franniban just to add given your "sad and pointless" comment it may be that if your father has expressed his opinion in this way it may be/have been taken as a distinct lack of remorse on his part. If that is the case he might like to reconsider that approach before tomorrow as there is no quicker way to get yourself a custodial sentence if you are borderline than giving the impression that you couldn;'t care less.

HIGHLY likely it will be suspended. i cant belive a man over 70 with no previous and pleading guilty will go donwn unless injuries were very severe etcetc

why does nancy think he wouldnt go along with probation report?

probation reports are not the final verdict at ALL

Alaska I don't think he wouldn't go along with probation report, I asked whether he hadn't because IME it is very unusual for a report to recommend custody if the subject of the report is cooperative.

Again, IME, peope who turn up to their probabtion report appointments tend to at least say they will comply with a community based penalty, therfore I asked whether he hadn't cooperated (although it turns out that he had).

A custodial sentence can only be suspended if it passes the custodial threshold in the first instance, which I agree it may not, but it is confusing to suggest the sentence may be suspended because the case wasn't serious enough.

do you think unusual? hmm

I wonder if the solicitor meant the report went through a variety of options.
i cant belied theyd say " there is no other way to punish this man"

He is very remorseful. I think that he was under extreme pressure and grossly provoked. Without going into the ins and outs of the situation. The victim has a scratch on the neck, unless I am not being told the whole truth.

I cannot beleive that he would get a cutodial sentence, with not the slightest bit of trouble before. He said that he felt the interview with the probationary service did not go well. He tried to explain the events that led up the event, but felt that his words were twisted, so in the end he felt that he couldn't make any more comments.

Alaska not sure if you are asking that question of me but yes I do think it is very unusual (and this comes from someone who must have read somewhere in the thousands worth of PSR's) for a probation officer not to suggest an alternative to custody (which I think is what you are saying in your second para anyway) - afterall non custodial sentences are the business they are in.

oh sorry yes had misread your last post ( or indeed got it back to front!)

Well thank you for your replys, he got a £35 fine.

Gosh, you must be relieved.

Yes, and bemused at the fine verses the probationary service recommendation. Now for the fall out, but that is another storey!

sorry but the charge ans subsequent outcome dont add up

ive had experience of these matters and if he was charged with ABH theres no way he would just get a £35 fine especially as he was told expect a custodial

i dont believe it would of come to that anyway but this comes completley at the other end of the scale

i was arrested 18mths ago for ABH later dropped to assault by battery no previous convictions,pleaded guilty,complied with everything. even the probation recommended a fine due to facts of the case,anyway i was fined £85 cost,£200 comp and put on a electronic tag for four months

dont understand, how ABH is treated as a very serious crime and only end up with a very small fine

anyway suppose its imaterial now

ABH and GBH are utterly different matters. ABH could mean that you bruised someone- it could be bordering on the trivial. Touching someone's hand could be viewed as ABH in some situations. GBH is far more serious and has to involve actual serious harm to the victim.