Possible Punishments for ABH

Discussion in 'Army Pay, Claims & JPA' started by Hin_capie, Mar 3, 2010.

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  1. Hi, was hoping for some advice regarding an investigation out against me at the moment.

    A little about my case; i got into a fight with a mate in the block and he came out worse, i had had a drink, he hadnt. His allegations are much more serious than what happened, i think in an attempt to move all blame from himself. As such i was arrested for alledged ABH, released without charge, but investigation ongoing. I think it is highly possible that i will be found guilty of this and have been stressing out about what the consequences will be;

    What could the maximum punishment be if i am found guilty of ABH?

    How likely is it that my CO will decide this case shoudl go to courtmarshal.

    No one has been able to tell me what could happen, i think bracing myself for the worst would help me in the long run, any advice would be much appretiated.
     
  2. PM me for a reply
     
  3. ABH? Don't sweat it,easy for me to say I know. One up from Common Assault, should not involve bird but depends on the injury as all assault charges do, who is dealing? Monkeys,Civ or MoD plod? Therein also lies the answer!
     
  4. It was the RMP that arrested after the incident. I have heard that there was i bit of facial swelling on him but no breaks.

    I understand at the moment it is in the hand of my CO.

    When i was initially arrested the RMP's had told me i was looking at 2 years in the nick (yet then released me without charge), not sure if they just trying to mess with me a bit. Its just since then no one can tell me if it could be that severe.
     
  5. Just to piss on your parade. It depends on what you are charged with. Assault occassioning actual bodily harm (ABH) when charged under section 47 of the Offences Against the Person Act 1861 carries a maximum sentence of 5 years imprisonment. A racially or religiously aggravated ABH charged under section 29 of the Crime and Disorder Act 1998 carries a maximum sentence of 7 years imprisonment. :D

    Edited for gash spelling.
     
  6. Spanish_Dave

    Spanish_Dave LE Good Egg (charities)

    £200 for me in 1983 :rmp:
     
  7. Hin_capie,

    Have replied to your other thread before reading this one.

    OK you admit to having got into a fight and you are clearly expecting some sort of punishment - at least you are a realist and you need to maintain this sense of realism throughout. However, read on..... As you had had a drink you are likely to be treated worse than your so called mate and his side of the story is likely to have more weight, but that does not mean that your side of things sould not be listened to. As I said on the other thread you are entitled to legal representation during interview. If this was not provided (and you can demonstrate this) then there has been a breach of process and you might find that it is better for things to progress past the CO (at your request after taking legal advice) to the Service Prosecuting Authority. Your (legal aid) solicitor will then be able to make the most of this and potentially get the case dropped. This may not stop administrative action being taken, but could possibly save you from a disciplinary/criminal record.

    You know the details of the circumstances and should now have had chance to reflect on them. If you are completely in the wrong then 'man-up'. If, however, you really feel that on balance you are being treated harshly (compared to your 'mate') then let things run and take legal advice. Many a career has been saved by taking the long route (but many have also been lost ...).

    As stated on the other forum - please feel free to PM, particularly if you are in the FI (where RMP/RAFP are reknowned for not doing things right)!

    Hob
     
  8. if the service police have completed their report snd recommended a charge of ABH to the CO, he can deal with a charge of ABH himself under AFA 06. It could mean up to 90 days nick if he applies for extended powers. he will almost certainly take legal advice before proceeding.
     
  9. In any assault charge, it is important to determine whether the feet were used in a kick to head. If so, the punishment will be significant whatever the damage; ABH or GBH. If not, you may be lucky and get dealt with by the CO. If you go to CO or DCM, you are going down for a period in Colchester - probably 3 months but with remission you could be out in 2 months.
     
  10. Save some dosh mate for:-
    A) the fine or
    B) your celebration piss up with your mates
     
  11. Get yourself a solicitor used to dealing within the Military environment.
     
  12. I pleaded guilty to ABH at a DCM and got 6 months in MCTC in 1989.

    That now makes me feel quite old, I'm off for a lie down.