• Looking for a smarter way to manage your heating this winter? We’ve been testing the new Aqara Radiator Thermostat W600 to see how quiet, accurate and easy it is to use around the home. Click here read our review.

Labour thug jailed.

Mike Amesbury has prison sentence of 10 weeks suspended for two years.

Still means the recall will go ahead.
 
motorbiking said:
If only he’d been convicted of common assault. He wasn’t.
Click to expand...

I think most people would call it that:

Assault by beating is set out in section 39 of the Criminal Justice Act 1988 and is a variation of the offence of Common Assault. Assault by beating refers to a common assault where physical force is applied. It is sometimes referred to as battery.
Click to expand...
 
Judge basically said 3 days in cat B is enough. But has imposed a more restrictive sentence. My guess is there was some dealing between defence and CPS that resulted in him pleading to assault by beating, rather than ABH. The video shows ABH. Magistrate rightly categorised it as A2, so didn't seem impressed.

Either way, recall will occur as he was sentenced.
 
motorbiking said:
Notch was using the sentencing guide for common assault. It's not relevant to Assault by beating.
Click to expand...

Just had a look. It seems to cover both.

Probably because most people don't realise that common assault, in its strictest sense, only applies to the threat of violence.
 
...and pushing, shoving etc.

Stats on sentencing for common assault do not apply to someone convicted of assault by beating. was the point. The original sentence was inline with the category. CPS could have gone to trial for Actual Bodily harm, but probably saw an option for a guilty plea for the lesser charge of Assault by Beating. Less work.

He would have been in for a month, instead he's been in for less than a week. Either way the recall will go ahead.

Seems like he has a problem with alcohol.
 
motorbiking said:
Stats on sentencing for common assault do not apply to someone convicted of assault by beating. was the point.
Click to expand...

I looked up the exact stats that were quoted, and they seem to include both common assault and assault by beating. They don't separate them out. They seem to include both under the general heading of "common assault".

And this is how the sentencing council break the offences down:

Assault offences explained

www.sentencingcouncil.org.uk www.sentencingcouncil.org.uk

Common assault (section 39, Criminal Justice Act 1988)

A person is guilty of common assault if they either inflict violence on another person – however slight this might be – or make that person think they are about to be attacked.

They do not have to be physically violent – for example, threatening words or a raised fist could lead the victim to believe they are going to be attacked – and that is enough for the crime to have been committed. Other acts like spitting at someone may also classed as common assault.

The offence covers both intentional and reckless acts. For example, the offender may not have intended to cause the victim to think an attack was imminent but if they behaved in way that was likely to make the victim think they were about to be attacked, and they didn’t care what effect that behaviour would have, the offender is guilty of the offence.

If violence is used in a common assault, it is called a “battery” and the perpetrator would be charged with “assault by beating”. This does not however, mean that the victim was actually ‘beaten up’ or even hit or kicked – it could be that they were pushed, grabbed or spat at. The victim may not therefore have suffered any physical injury, and if any injury was caused, it would need to be quite minor to fall under common assault.
Click to expand...
 
The offences of assault and battery are separate summary offences. An assault is committed when the Defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and battery is committed when a defendant intentionally or recklessly inflicts unlawful force.
 
motorbiking said:
The offences of assault and battery are separate summary offences. An assault is committed when the Defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and battery is committed when a defendant intentionally or recklessly inflicts unlawful force.
Click to expand...

I know. I wrote the same thing a few posts back. But in their statistics, the Sentencing Council lump them together.
 
apart from the bit that said "the average custodial sentence was 3 months."
 
motorbiking said:
apart from the bit that said "the average custodial sentence was 3 months."
Click to expand...

Yes, I can see now that bit is missing.

I've not watched the video. Did you say you thought it should have been ABH?
 
You must log in or register to reply here.

Similar threads

ReganAndCarter
Boris Jailed For 2.5 Years
2
Replies
19
Views
2K
Vinty
Vinty
D
Not sure jail is right
2
Replies
22
Views
2K
Roy Bloom
R
D
Why are they discouraging this type of business?
Replies
9
Views
698
transam
T
JohnD
Violent Northern racist attacked Polish residents
Replies
4
Views
964
Brigadier
B
JohnD
Armed gang of Midlanders jailed
Replies
2
Views
810
Gasman28
Gasman28
Back
Top