Wish me luck, finally in court this afternoon

[timwilky]

OK, it is only the local magistrates court. But the guy who attacked me 6 months ago is finally before the magistrate charged with ABH and affray. There are two witnesses who bravely have given statements against him who will also be there. The other guy who was attacked and had himself locked in the cellar until the police took away the nasty man has refused to make a statement. I cannot blame him, he is genuinely scared.


My principle injury was a broken nose that required corrective surgery. There were 5 separate attacks on me over a 10 minute period including hitting me with a chair whilst I was checking on his other victim.

He pleaded not guilty and it has run on all this time.



Assuming justice is fair and has to be seen to be done. What is he going to get.

Community sentence?
locked up? for how long?


I have read the sentencing guidelines which suggest they should be looking at a 2 year start and increase for use of a weapon. Should I actually have any faith that the magistrates have also read the guidelines?

[Nick_69]

Well i hope it all goes well for you 2day. The sentencing will also depend on if he has done this sort of thing before, lets just hope he gets the full jail sentence and not a suspended one

[Dave20046]

good luck

[Grinch]

Break a leg... nose.. sorry, wrong thing... ;-)

Good luck in court.

[Kinvig]

Good luck!

I'm going to keep an eye on this thread - too help prove that the Justice System isn't as bad as teh Daily Fail suggests!

[eviltwin]

Being bored at work and reading through the sentencing guidelines, under affray, the starting point for 'fight involving weapon/throwing objects or conduct causing risk of serious injury' has a starting point of 18 weeks.

That's on top of whatever the ABH sentence would be.

I'd say a sustained attack plus use of a chair could cause serious injury. However, as always with these things, there's a very blurry line between community order and half a year in clink or even moving trial up to crown.

Tough one. Who'd be a magistrate eh?

PS good luck

[Bri w]

I hope they throw the chair, sorry, should read book at him.

My own cynicism suggest a slap on the wrist and a 2 week safari in Africa

[Quiff Wichard]

all the best Tim.. to youand the 2 witnesses- I recal this guy is a local bully/gang member and well done for standing up to him..

keep us informed.

I am going for year suspended and paint some fences green for 8 weeks.

[Owenski]

if he doesnt get banged up then, that pretty much suggests there is a lot more stuff we could all be getting away with. Anarky rules, lets never pay for anything ever again.
On the other hand if he does get banged up then I'll stick to paying for things with cash then :)

Good luck TIMMAAAAAYYYY

[thedonal]

Good luck Tim. I hope he gets suitably punished.

D

[matt_rehm_hext]

I hope he gets ****ed up

[punyXpress]

Good luck, Tim - reckon you used all your bad luck last year.
Hope so.

[hindle8907]

Good luck Tim lets hope he gets what he deserves.

[Shellywoozle]

Fingers crossed ...... will be thinking of you guys.

[21QUEST]

Good luck in Court. Hopefully, he'd get suitably purnished.

Got to say, from what you said, not too many people would have been brave enough to take the standard. I respect that...


Cheers
Ben

[RichT]

Hope it goes as you want it to Tim.

I'm going to punt for 2yr suspended with a fair amount of community service to be done.

[-Ralph-]

Good luck Tim

[Well Oiled]

Good luck.

Based on my experience of judges (as juror, not defendant ;)) prior history of violence will be a big factor in custodial / non custodial sentence decision.

Cheers Keith

[tinpants]

Not bot much idea how these things are supposed to work but I'm going to go with 2 years suspended for 12 months, Bound over to keep the Peace and 120 hour Community Order or Community service whatever its called. You know what I mean!!


Where do I pay my 50p for the sweepstake?

[davepreston]

2 year suspended, 400 fine

[missyburd]

hope it's gone as deserved Tim x

[Richie]

ok Tim fess up, what did the Bully get.
Slap on the wrists and told not to do it again...

Or Please tell us that he got a stretch so Mr Big can ask him to pick up his soap! or do a tad of uphill gardening in the green house... ;-)

[timwilky]

Just got back in.

A wasted day, two cases were up in the same court today. Mine being no 2. Because of legal arguments and prevaricating in trial 1 it only kicked off proper at 3:45 and they suspended proceedings at 5 to reschedule my case until April.

Good news for me is the guy is defending himself. Other witnesses are not happy because they know just how intimidating he can be. Me, well only a fool defends himself.

[Owenski]

intimidation wont do him any favours in a court room. Agree with you on this one big man, only a fool...

[malks]

he's defending himself! i thought that only happened in films!

[Bluepete]

If he is representing himself, he has little chance. However, he clerk of the court will assist him and keep him in line too. He won't be able to intimidate you or the witnesses without being slapped into line, so don't worry about that side of it.

You and your witnesses will give your evidence first, being lead through it by the CPS. He will then have chance to cross examine you all. After that, he will go into the dock to be questioned by the CPS.

He will, no doubt try and get you into an "Oh no I didn't", "Oh yes you did" argument. Just listen to him, then answer his questions by looking at the Magistrates. Tell them your answer. If he starts making long winded statements, then say nothing. Do not shout. Do not argue. Just answer the questions.

Most of all, stay cool, calm and collected. Don't rise to any provocation before court.

Pete ;)

[Von Teese]

Good luck for April Tim, Pete is right about him defending himself. I went to court over a guy on a motorcycle who tried to scare the horses when we were riding along a bit of country road. When I was in the witness stand I could see Mr VT's Mum who had given her evidence before me giggling at him because he was doing such a god-awful job of defending himself.

It went like this:
Offender: So you are trying to deny that I revved my bike 3 times next to the horses to frighten them?
Me: no
Offender: Really?
Me: Yes
Offender: So you are denying it?
Me: No

...Clerk of the court *sigh: No Mr X...YOU are denying it! *sign, just proceed with your next question

Offender: how far away from the horses was I
Me: about 1 foot away
Offender: ok

Clerk of the court: do you have any further questions
Offender: No

[timwilky]

Apparently the court advised him to have a word with the duty solicitor. I think they were hoping he would the change his plea.

Great, the solicitor is drinking acquaintance of mine and a personal friend of one of the other witnesses.

He is defending himself as he has been turned down for legal aid and cannot afford to appoint a solicitor. A position I think many of us could quite easily find ourselves in. I do not have any sympathy for his position as if he had behaved himself that day he would not be in that position now.

Ironically, the police officer who spent the day with us waiting to be called into the first trial was the firearms officer called in to tazer (not needed, he came quietly) the guy who hit me.

BTW this guy was also in today (http://www.dailymail.co.uk/news/article-1245070/Britains-smallest-thug-Liam-Wilkinson-gets-Asbo-bringing-terror-town.html). I wondered why there were photographers outside when I got there. Until I heard him being called, he is like a local celeb

[ethariel]

Get a stranger to pass him a jar of vaseline and wink before he goes into the court room, might make him a wee bit more nervous ;)

[fastdruid]

Good news for me is the guy is defending himself. Other witnesses are not happy because they know just how intimidating he can be. Me, well only a fool defends himself.

lol :)

Druid (a fool)

[timwilky]

OK fool you know what I mean.

When the possible outcome is a few months in the Vaseline pits with Buba, it must be worth spending a bit to properly try and mitigate your way out of compulsory extra marital sex.

[Ch00]

With any luck he might be refered to Crown court for sentancing. Which means more than 6 months inside. Once the trial takes place.

[fastdruid]

OK fool you know what I mean.

When the possible outcome is a few months in the Vaseline pits with Buba, it must be worth spending a bit to properly try and mitigate your way out of compulsory extra marital sex.

Oh god yes, rather different when the worst case is a fine and points!

Representing myself was a calculated decision based on how much a solicitor would cost against the chances of winning. I was at no risk of going to jail and if I'm honest I wasn't expecting to win.

Druid