dftlp
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 Re:sentencing (Posted on: 2010-08-04 18:00:18)
Is the charge Affray or Criminal Damage and Affray? Because the damage caused is over £5,000 the hearing could take place in either a magistrates or a crown court. Once in court of course previous good character will mitigate the sentence and any sentence will depend on the defendants age and the circumstances surrounding the offence: * Intentional/reckless * Motivation revenge or political * Hate Crime * Pre-planned * Extent of damage * Damage to a school or other public amenity * Damage to emergency equipment * Significant public or private fear caused You should contact a criminal solicitor if you haven\'t already. The following links should give you an idea; http://www.sentencingcouncil.org.uk/professional/guidelines/public-order-offences/public-order.htm http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/affray/index.html http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/damage_-_simple/ http://www.bailii.org/ew/cases/EWCA/Crim/2008/2515.html http://www.thelawpages.com/court-cases/John-C-James-1455-3.law
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