ABH with intent…
Welcome to week 16 of the court visit breakdown!
Here is your backstory:
This was a Crown Court case
This was the sentencing of a 21-year-old
He committed ABH with intent when he was 18 years old
During this court hearing I sat upstairs in the public gallery. Following the typical course of action for a sentencing, the prosecution went first and then the defence.
It was very interesting, as the prosecution began by showing the body worn footage from the police. The first video showed the victim when the police arrived at the scene. This was clear evidence of the impact on the victim and state of the victim immediately after the assault. The second body worn footage then showed the police speaking with the defendant immediately after the assault. This clearly showed the defendant was intoxicated; however, it also showed the defendant saying sorry and immediately admitting to the assault. This was taken on board by the judge when deciding the sentence. The prosecution mainly focused on the effects this has had on the victim, as there had been a very large impact on his health. The victim had been seriously injured, resulting in brain injury. This caused him to be in rehabilitative hospital for 18 months. To cause this injury the defendant had punched the victim 4 times in the head and then kicked him and stamped on his head. Due to this the prosecution rely on the fact that the defendant’s shoe has now become a weapon. The prosecution was arguing that this weapon was a highly dangerous weapon, aswell as the assault being a prolonged assault. This places the level of culpability in category A high culpability.
Following on from this was the defence. They acknowledged the significant effects this has had physically on the victim. However, they felt that this would be a category B medium culpability offence. The defence focused on the remorse that the defendant has shown. They then encouraged the judge to look at the further mitigating factors. This included the work the defendant has done whilst on bail to maintain his anger and to gain practical work. They also mentioned that he was 18 years old at the time, evidencing his maturity level. Finally, they mentioned how the defendant has grown up in the care system and around abuse and violence, therefore, having an impact on his nature.
Once the prosecution and defence had given their arguments, the judge stepped out the courtroom for 20 minutes to make his decision.
Once he returned, he explained that he will be categorising the assault as a category B offence. The judge explained that he did not feel this was particularly prolonged, and placing a shoe in the category of a highly dangerous weapon, would therefore, have an effect on the description of weapons such as knives, acid etc. He has taken into consideration the victims injuries, and any lasting effects he may have. Subsequently, he noted the significant remorse the defendant has shown, and specifically how young the defendant was at the time. As the defendant had pleaded guilty immediately, he will be awarded 25% off his sentence. Therefore, after taking into consideration all the relevant mitigating circumstances, and the guilty plea, the judge sentenced the defendant to 3 years and 3 months in custody.
Thanks for reading my courtroom breakdown this week, see you next week!