Likely sentence for ABH?

Question

I have been arrested for ABH. I got into a fight when 2 bouncers tried to eject me from a club without warning. I was standing not saying or doing anything (but was drunk) while a friend was arguing talking to the manager about entry to the club. They grabbed me from behind and the side by the arms and neck. I bit their hands as we struggled trying to get them to let go, the wounds were quite deep (I am told they needed stitches). If I am charged I am going to argue self defence and go to the Crown Court (there is an independent witness who corroborates that I was standing still and not saying anything and who has given a statement saying that the bouncers acted way over ). However I am worried if the case goes against me what the likely sentence might be. A friend of mine who is a barrister thinks that community service would be most likely abut I am aware that the entry point for ABH sentencing is custody. I have 1 previous police caution for common assault that happened 3.5 years ag

Answer 1

Good thing you aren't in California. You would be charged with terrorist threats. Good luck

Answer 2

Self defence involves the use of reasonable force, which doesn't normally involve biting people so hard that they need stitches! The trouble is, you were drunk at the time all this happened and may not have a clear recollection and these two bouncers will have got together and decided on their version of facts. So we are looking at the evidence of two sober men doing their job against one man who on his own admission was drunk. It doesn't look too promising, I'm afraid, even with the evidence of the independent bystander. Please take advice about the court where you want the matter tried and about your plea, as the sentence which might be handed down by a Crown Court judge could be appreciably higher than that given in a magistrates' court. The maximum penalty in the magistrates' court is a fine of £5000 or six months imprisonment. The maximum penalty in the crown court is five years imprisonment and an unlimited fine. The magistrates can award compensation up to £5000; the judge can award unlimited compensation. I think that a Community sentence is highly likely here and that you will be ordered to pay compensation to both men for the injuries.

Answer 3

Get the internal and external video from the club. You can ask for all cameras in use that night. This may establish your behaviour pattern. (Shows that you were drunk, yes...causing trouble or inciting, no). They will have some and don't let them tell you otherwise. If they can't produce it, then this will go against them.
If you are not absolutely sure of your 'pureness', then you may not want to request the video, but it is fair to say that they might bring it to court as evidence anyway. It is always worth knowing what they might hit you with and having an 'explanation' for it. Forewarned is Forearmed.

Get more witnesses if you can. Advertise around the club that you need people to come forward to tell the courts what the bouncers were like. Male sure they are whiter than white and are rock solid in their evidence. You don't want any embelishments or bull sh it.

They are not allowed to use excessive force and must be registered. Please ask to see their licences and check that they were in date at the time of the offence. If not, then all sorts of issues could be raised. Check carefully.

I would think that you would get Community Service, but then you might have a right mean old bstar d on the day!

Best of Luck. And don't start any trouble in my clubs!

Answer 4

well your caution shouldn't even apply seeing as it was 3 1/2 years ago, that should have dropped off your record after 2 years.
I think a fine and/or community service is the worst you get. To be honest i think it will be a fine as conpensation to the bouncers for the bite marks, how much though I couldn't say.

Answer 5

Depends it is never easy to guess on sentencing policy if they want to make an example of you fear the worse ! I think your caution may have expired after 3 years but that may have changed did you take course of anti biotics after biting the bouncer ? cos they are all dirty c***s

Answer 6

The sentence can vary quite significantly. It sounds to me like there was certainly provocation. Given your previous conviction I think it's very likely you will receive a custodial sentence, albeit a short one. The independent witness is crucial.

Answer 7

abh Carry's a sentence of up to 5 years and 7 if its racially motivated

Answer 8

I don't think that you will get a sentance as you didn't provoke or attack, you will get a suspended sentence and a nasty fine, plus have to pay damages to the doormen injured. Oh and yeah, there will be community service, but seriously, as a grown adult, what possessd you to bite into peoples hands?

Answer 9

Unfortunatley i would say a stretch inside... summet similar happened to my fella he had cctv evidence of gettin battered but because he defended himself n the utha guy came out worse off he got sent down :( he got 16 months so has to serve 8

hope this helps.. sorry its not good news

Answer 10

It sounds as if you were lucky not to be charged with wounding(GBH)if stitches were involved I am sure the judge will take that in to consideration when sentencing.