Understanding custodial/parole guidance
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Hi, I am finding myself obsessing about potential sentencing. The evidence against my ex/partner is strong, including a high number of aggravating factors. The sentencing guidelines for the communication offence in scope are between 4 and 10 years (and again, I am still in a state of disbelief that even thinking abut this is now part of my life). If in the worst case he is sentenced to ten years, will be be released on parole after 5 years (serving the second half on licence)?
My ex received a 4 year custodial. The police explained he would likely be released in a couple of years.
The case was complex and I only heard some of the details as I was at the sentencing. There was no contact between me and him since the knock and very minimal contact with the children due to factors of the case.
Tha help line may be able to advise further.
It isn't an easy time and it is a very bumpy journey. Be kind to yourself.
The case was complex and I only heard some of the details as I was at the sentencing. There was no contact between me and him since the knock and very minimal contact with the children due to factors of the case.
Tha help line may be able to advise further.
It isn't an easy time and it is a very bumpy journey. Be kind to yourself.
What is it you are trying to understand? The split in the sentence or where his offence would sit in the guidelines in terms of length?
My person was sentenced for communication, he sat in the range of 3 to 9 years. He received 40 months with an expectation to serve 20. As I understand it, unless otherwise stated on sentencing offenders server half. Sometimes the license period is extended, so if someone is sentenced to 5 years with extended license period of 4 years, they'd expect to serve 2.5 years in prison then 2.5 plus 4 on license.
In regards to where the offence will sit, its very dependant on the judge unfortunately. I studied the guidelines carefully (and read about every case I could) and I expected my person to get 36 months, so I was close but the judge I think deemed one aspect of it to be an aggravating factor. He didn't particularly have strong mitigating factors - He led a very quiet and law abiding life. At the time I felt it was as close to the best outcome as he could expect, but I've since seen other cases and feel it was quite severe.
My person was sentenced for communication, he sat in the range of 3 to 9 years. He received 40 months with an expectation to serve 20. As I understand it, unless otherwise stated on sentencing offenders server half. Sometimes the license period is extended, so if someone is sentenced to 5 years with extended license period of 4 years, they'd expect to serve 2.5 years in prison then 2.5 plus 4 on license.
In regards to where the offence will sit, its very dependant on the judge unfortunately. I studied the guidelines carefully (and read about every case I could) and I expected my person to get 36 months, so I was close but the judge I think deemed one aspect of it to be an aggravating factor. He didn't particularly have strong mitigating factors - He led a very quiet and law abiding life. At the time I felt it was as close to the best outcome as he could expect, but I've since seen other cases and feel it was quite severe.
My person, like yours, spoke with an adult about a child. This seems relatively rare here and I think brings with it some particularly unique aspects and I think was the element the judge in my person's case felt was a aggravating factor.
Thanks for your replies. I suppose I'm just clutching at straws in a situation in which I have absolutely no control. I'm trying to plan ahead for the worst possible outcome (not that I've decided yet if we'll stay together, but he will always be a part of our family, and am agonisingly conscious of the impact on our boys of their dad being absent from their lives while in prison - which seems unavoidable). So I understand the minimum/maximum of the guidelines, and was looking for confirmation that whatever the sentence, typically offenders are released at the halfway point on licence. Thank you. And two months in it's still totally surreal that I'm even contemplating this stuff. If only we could turn back the clock...
Hi InTatthers
I am sorry that you find yourself here, my ex got 12 months for idioc, he will serve six months in prison and the rest will be on licence. He got this for images. Cause of the number, the time he had been doing it, ages of children etc, when he comes out he can't have any device with a memory. This is a horrific time for you but you are strong and can get through this.
Bereft
x
I am sorry that you find yourself here, my ex got 12 months for idioc, he will serve six months in prison and the rest will be on licence. He got this for images. Cause of the number, the time he had been doing it, ages of children etc, when he comes out he can't have any device with a memory. This is a horrific time for you but you are strong and can get through this.
Bereft
x
SAL, many thanks for sharing your own experience. So sorry you have to experience this. Can you give any steer on where I can read comparable cases (although I of course appreciate that every case is different). I can't seem to find any case law examples online. Thank you.
As I understand, case laws are used to argue specific points that's where the situation has already been used by defence and been successful - I don't know where you can read about these and they would be quite specific to the case. My person's barrister I know sighted some of these when looking at his case. My head is a bit jumbled as to what happened when, so I can't remember if these were successful or not and whether that happened before court (I'll see if I can ask him). The barrister did manage to get a him a lesser charge with a marginal difference in the sentencing terms (from 4 to 10 down to 3 to 10).
The information I use unfortunately wasn't academic, it was the Law Pages and then I read media around the case - I took out the emotion and tried to pick out elements that may be considered aggravating or mitigating and compared them to my person's case.
The information I use unfortunately wasn't academic, it was the Law Pages and then I read media around the case - I took out the emotion and tried to pick out elements that may be considered aggravating or mitigating and compared them to my person's case.