Sentencing for Assault

We had a demonstration today as to the effects of the new sentencing guidelines for assault.

The case in question, like so many allegations of Common Assault, was one of domestic violence.
It ticked all the boxes for aggravating features:
injury caused, a sustained attack, a breach of trust (common to all cases of domestic violence), committed whilst in drink (an all too common feature of DV cases), children present at the time of the assault and an attempt by the defendant to prevent the victim leaving and/or seeking help.

With two or more aggravating features the starting point is a custodial sentence and given the plethora of aggravating features, and the defendant's past record of like offending, we decided a sentence of 120 days imprisonment, reduced by a third for his guilty plea to 80 days, was appropriate.

Just out of interest we later compared this sentence under the old guidelines with what it would be come Monday when the new Sentencing Guidelines take effect.

Following the method set out in the guidelines:

The factor indicating greater harm:
Sustained or repeated assault on the same victim

The factor indicating lower culpability:
Lack of premeditation

This suggests it to be Category 2 offence ie greater harm and lower culpability, with a starting point of a medium level community order.

Statutory and other aggravating factors to take into account, which may result in an upward or downward adjustment from the starting point, or in some cases, to sentence outside the identified category range, are:

Previous convictions, the presence of children, the abuse of trust, the commission of the offence whilst under the influence of alcohol and the steps taken to prevent the victim from obtaining assistance.

There are no factors which reduce the seriousness or reflect personal mitigation.

Given these aggravating features an upward move of the starting point to a high-level community order would be justified, resulting in a sentence of a 12 month Community Order with a 12 month Supervision requirement, attendance on a ‘Safer Relationships’ program, and 210 hours of un-paid work, reduced by a third to 140 hours for his guilty plea.

Which is the more just, that or 80 days in jail?
Let me know what you think.