Sentencing hearing adjourned
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What a Roller-coaster of emotions on Friday!!!
19 months since the knock, I support my husband but hasn't lived with us since the knock. Social services still visit and I do supervised visits with my son throughout the 19 months. My OH pleaded guilty to a lesser charge in May. His original charge was inciting rape of a child under 13 purely Internet cat on KiK. Reduced to inciting sexual assault of a child over 13. My OH tried to kill himself last March when he found out the charges and suffers with mental health issues now. However on Friday at his sentencing hearing his barrister told him he would be going to prison for at least 3 and a half years, as the judge wouldn't take any notice of the reports both psychiatric and pre sentencing probation said non custodial sentence. The judge then argued with procecution and defence over the charge and said there was no evidence for the charge he had been given and wasn't prepared to sentence him. He is leaving it to the recorder who made the decision to lower the charge at the last hearing and adjourned it until 27th July. After the barrister came to speak with us and said this is good for us. But its another 3 weeks to wait. He had prepared for prison. I said I can't take this stress anymore, ups and downs. I should add his conversations were with 4 adults.
19 months since the knock, I support my husband but hasn't lived with us since the knock. Social services still visit and I do supervised visits with my son throughout the 19 months. My OH pleaded guilty to a lesser charge in May. His original charge was inciting rape of a child under 13 purely Internet cat on KiK. Reduced to inciting sexual assault of a child over 13. My OH tried to kill himself last March when he found out the charges and suffers with mental health issues now. However on Friday at his sentencing hearing his barrister told him he would be going to prison for at least 3 and a half years, as the judge wouldn't take any notice of the reports both psychiatric and pre sentencing probation said non custodial sentence. The judge then argued with procecution and defence over the charge and said there was no evidence for the charge he had been given and wasn't prepared to sentence him. He is leaving it to the recorder who made the decision to lower the charge at the last hearing and adjourned it until 27th July. After the barrister came to speak with us and said this is good for us. But its another 3 weeks to wait. He had prepared for prison. I said I can't take this stress anymore, ups and downs. I should add his conversations were with 4 adults.
Bigdee
So sorry to hear what you are going through and the sheer despair of you OH trying to take his life just awful for you all
I really dont have much I can say to make things better but you are not alone honestly this journey can really take so much out of us
I hope the sentancing will be a better outcome and it is just frustrating to have it put back
Sending hugs and strength to you all xx
So sorry to hear what you are going through and the sheer despair of you OH trying to take his life just awful for you all
I really dont have much I can say to make things better but you are not alone honestly this journey can really take so much out of us
I hope the sentancing will be a better outcome and it is just frustrating to have it put back
Sending hugs and strength to you all xx
BigDee,
From what you say, it does sound like good news and at the same time I can understand your wanting it to be over. At least the judge had the wherewithal to establish that the evidence for the charge was inadequate although perhaps this was something your solicitor /barrister should have picked up on?
You are right, it's a rollercoaster but you are on the home straight now, so you and your OH should stay on the case with your barrister tp ensure that he gets a fair hearing/sentence.
From what you say, it does sound like good news and at the same time I can understand your wanting it to be over. At least the judge had the wherewithal to establish that the evidence for the charge was inadequate although perhaps this was something your solicitor /barrister should have picked up on?
You are right, it's a rollercoaster but you are on the home straight now, so you and your OH should stay on the case with your barrister tp ensure that he gets a fair hearing/sentence.
Thank you. The judge said the evidence is there for inciting rape but not sexual assault? But he hasn't been charged now with inciting rape.
It was going to trial on the first charge and prosecution lowered the charge and my oh pleaded guilty to lesser charge. So it didn't end up going to trial on the day. The recorder agreed and he asked for psychiatric report and pre sentencing report from probation. Sentencing was Friday last week.
No it's England. The barrister said the judge is a b*****D and won't take notice of reports. He said its good news for him to adjourn it as we won't have him at next hearing.
They prosecution had 3 thumbnail pictures of a child in bed so couldn't determine the child's age or Oh wouldn't have known. So they reduced the charge for him to plead guilty. The recorder not judge held the trial. Which didn't go ahead as he pleaded before it.
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Thank you all
There are some similarities in the progression of your person's case and my person's case. He too was going to trial and he to eventually pled guilty to a lesser charge in the end. He too was talking to other adults.
I can understand how all the twists and turns in the charges, pleas and court hearings can be very consuming and tiring. Gearing yourself up for a prison sentence and then the case being adjourned must have been incredibly hard and I think I'd have felt very much how you are feeling now (even though I knew my person was going to prison I just wanted it over, to know what we were working with). But you are nearly there, focus on what you need to do today and tomorrow, take it a day at a time. As Lee has said, get the evidence and go through it with a fine toothcomb.
The sentencing guidelines are significantly more severe for under 13s so that is a positive thing and something he should definitely try to retain - I was shocked at how much the sentencing guidelines differ.
Stay strong and keep going, this phase will come to an end.
I can understand how all the twists and turns in the charges, pleas and court hearings can be very consuming and tiring. Gearing yourself up for a prison sentence and then the case being adjourned must have been incredibly hard and I think I'd have felt very much how you are feeling now (even though I knew my person was going to prison I just wanted it over, to know what we were working with). But you are nearly there, focus on what you need to do today and tomorrow, take it a day at a time. As Lee has said, get the evidence and go through it with a fine toothcomb.
The sentencing guidelines are significantly more severe for under 13s so that is a positive thing and something he should definitely try to retain - I was shocked at how much the sentencing guidelines differ.
Stay strong and keep going, this phase will come to an end.
Hi, my person's case also involves communicating with another adult about a child. File is with CPS so waiting for charges (the anticipation is agony - it's going to be bad). Can I ask how you can get hold of 'all the evidence'? My person has asked his solicitor if we can see the full transcripts, and apparently was told it's unlikely we'll be able to have the full transcripts. My person claims the correspondence stopped a number of times, and was rekindled by the other party (we don't yet know if a decoy, but seems likely). Of course, the police won't want to show any indication that he was backing off, or not progressing the communication, and will only show the most incriminating evidence (of which there will be plenty). I feel endlessly sick and scared and utterly utterly horrified, heatbroken and ashamed that this is in my family. Outcomes and impact on our two boys are horrific to think about.
The wait and not knowing is, as you say, agonising. Add to that trying to navigate the system and understand our rights to that, this is a horrendous journey.
I'm afraid I don't, I didn't see my partners evidence but he seemed to have everything he expected, including a full transcript - He and his barrister went through it and said that the escalation was led by the decoy (police) and this was going to be some of the grounds for not guilty (he thought he was in a adult role play / fantasy scenario - There were loads of other conversations along those lines that were and could have only been role play/ fantasy).
I wish I could tag people Lee on here is really good at knowing rights and how to go about getting evidence. My only thoughts are that perhaps they don't have the full dialogue because it was vigilant, who usually just have screenshots (police decoy will retain the full conversation).
Regarding whether it was decoy /vigilantes - It the charge has attempt in it, it is likely it was decoy /vigilantes.
Perhaps put a separate post on here as to how you can go about getting full evidence. Others may be able to help you.
How did they know to "knock"?
I'm afraid I don't, I didn't see my partners evidence but he seemed to have everything he expected, including a full transcript - He and his barrister went through it and said that the escalation was led by the decoy (police) and this was going to be some of the grounds for not guilty (he thought he was in a adult role play / fantasy scenario - There were loads of other conversations along those lines that were and could have only been role play/ fantasy).
I wish I could tag people Lee on here is really good at knowing rights and how to go about getting evidence. My only thoughts are that perhaps they don't have the full dialogue because it was vigilant, who usually just have screenshots (police decoy will retain the full conversation).
Regarding whether it was decoy /vigilantes - It the charge has attempt in it, it is likely it was decoy /vigilantes.
Perhaps put a separate post on here as to how you can go about getting full evidence. Others may be able to help you.
How did they know to "knock"?
Thank you Sal and all for your advice, it is an incredibly long journey. We are back in court for sentencing on Wednesday. This will then be another road on our journey either prison or he returns to his home and we then do everything we can to get him home. It's been 19 long months apart, with a lot of bumps in the road. All reports are good if the recorder reads them hopefully he will as he requested them to be done. Thanks everyone.
I hope it goes ahead tomorrow and the outcome is as fair and as good as can be expected. As you kind of indicate, this is the next hurdle. Whilst the outcome will bring with it new challenges, you are through one phase and onto the next, you'll know where you stand.
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Hi Daffodil,
He got 18 months in prison and a 10 year SHP. My head has been all over the place, I haven't heard from him. I do know where he is and I have spoken to the chaplain a couple of times. I was expecting a purple visit today but it got rejected yesterday afternoon. SS came last Friday and have said he may never be able to see his son(who is 9). I've been in touch with Heard and Seen and I had a zoom meeting with them last Friday and myself and my son for introductions this aft. My son knows now in very loose terms. It's also been in the paper so I had a friend phone me who knows both of us and doesn't believe it and is very supportive.
He got 18 months in prison and a 10 year SHP. My head has been all over the place, I haven't heard from him. I do know where he is and I have spoken to the chaplain a couple of times. I was expecting a purple visit today but it got rejected yesterday afternoon. SS came last Friday and have said he may never be able to see his son(who is 9). I've been in touch with Heard and Seen and I had a zoom meeting with them last Friday and myself and my son for introductions this aft. My son knows now in very loose terms. It's also been in the paper so I had a friend phone me who knows both of us and doesn't believe it and is very supportive.
Hi, and thank you so much for sharing your experience. My person's case has similarities, including charges of communicating with an adult making arrangements relating to a child. It's horrific and I feel for you so much. Can you share on what basis ss say your son 'may not see his dad again'? I have never been aware that that's a potential outcome of all this, and in fact, holding out hope of demonstrating he can be a better parent is pretty much all that's keeping my person afloat. Our boys are a bit older (14 and 11) and both adore their dad. They know he may go away for a while, but are very much expecting him to be in their lives in the future. One more scary thing to learn about this hideous journey.