Sentencing for separate charges/challenging sentences
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Hi all,
I found out from my OH today that his sentence is 30 months for 2 x conversations with decoy police officers and then 6 months for cat a, b, c images (mainly c). The conversations were over a 2-3 month period.
He was supposed to get 33% reduction but the judge would only give him 30%. It's like they had it all worked out as to exactly what they wanted to give him as a sentence and wouldn't budge on that. I realise there are sentencing guidelines. How common is it that they give 2 sentences that then get bundled as serving one? I'd always thought they would charge for the offences all as one sentence. Should the 33% be applied to each separate sentence if that's how they did it?
He's wondering whether he could get the 6 month one challenged and therefore reduce his custodial time.
Most professionals I speak to seem to think that he has been punished overly harshly for his offences...not sure as to why, as he's also been told in prison that he is so low risk he probably won't qualify for the treatment programme they offer, possibly just a self study booklet version which is most likely similar to what he's already done with Lucy Faithfull (the online inform course). Even at PSR they indicated that he was low risk and would be an ideal candidate for being managed in the community.
Any experiences welcomed :)
I found out from my OH today that his sentence is 30 months for 2 x conversations with decoy police officers and then 6 months for cat a, b, c images (mainly c). The conversations were over a 2-3 month period.
He was supposed to get 33% reduction but the judge would only give him 30%. It's like they had it all worked out as to exactly what they wanted to give him as a sentence and wouldn't budge on that. I realise there are sentencing guidelines. How common is it that they give 2 sentences that then get bundled as serving one? I'd always thought they would charge for the offences all as one sentence. Should the 33% be applied to each separate sentence if that's how they did it?
He's wondering whether he could get the 6 month one challenged and therefore reduce his custodial time.
Most professionals I speak to seem to think that he has been punished overly harshly for his offences...not sure as to why, as he's also been told in prison that he is so low risk he probably won't qualify for the treatment programme they offer, possibly just a self study booklet version which is most likely similar to what he's already done with Lucy Faithfull (the online inform course). Even at PSR they indicated that he was low risk and would be an ideal candidate for being managed in the community.
Any experiences welcomed :)
Hi buzzy lizzy
in regards to sentencing each count that a person is found guilty of is given a sentence, so the count for the conversation will be given one sentence and the images another sentence.
The judge will then state if these sentences are to run either concurrent or consecutive.
Concurrent means that the sentences given will all run at the same time, so for example if he was given 30mths for count 1 and 6mths for count 2 his total prison time would be 30mths for which he would serve 15mths in prison and 15mths on licience.
For a consecutive sentence,if we use the same example that we did above, court 1 was given 30mths and count 2 6mths this would mean that for a consecutive sentence the times given are added to one another, for the period of time in prison would be 36mths. Which means in that example he would serve 18mths in prison and 18mths on licience.
If you believe that the sentence imposed is excessive then you would need to make an appeal on the sentence give, not the conviction. Be aware that any appeal has to be made and submitted within 28days of being sentenced.
Hope this. Makes sense
in regards to sentencing each count that a person is found guilty of is given a sentence, so the count for the conversation will be given one sentence and the images another sentence.
The judge will then state if these sentences are to run either concurrent or consecutive.
Concurrent means that the sentences given will all run at the same time, so for example if he was given 30mths for count 1 and 6mths for count 2 his total prison time would be 30mths for which he would serve 15mths in prison and 15mths on licience.
For a consecutive sentence,if we use the same example that we did above, court 1 was given 30mths and count 2 6mths this would mean that for a consecutive sentence the times given are added to one another, for the period of time in prison would be 36mths. Which means in that example he would serve 18mths in prison and 18mths on licience.
If you believe that the sentence imposed is excessive then you would need to make an appeal on the sentence give, not the conviction. Be aware that any appeal has to be made and submitted within 28days of being sentenced.
Hope this. Makes sense
Yes it does thank you. Do you know how they decide whether sentences run concurrently or consecutively?
Sadly there is no clear rule, if you google the phrase "totality sentencing council" it brings up the rules on the different ways to sentence it does state the following in the first paragraph
There is no inflexible rule governing whether sentences should be structured as concurrent or consecutive components. The overriding principle is that the overall sentence must be just and proportionate.
I hope this helps
There is no inflexible rule governing whether sentences should be structured as concurrent or consecutive components. The overriding principle is that the overall sentence must be just and proportionate.
I hope this helps
Yes thanks, I had a good read then spoke to his solicitor. I think there is little point in challenging it tbh. Best just get on with it.
Thanks for your pointers.
Thanks for your pointers.