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Young Female With Previous Caution For Violence, Glasses A Guy In The Face, Is She Likely To Get A Prison Sentence?

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RATTER15 | 09:03 Tue 27th Sep 2016 | Criminal
23 Answers
21 year old female glasses a guy in the face in a pub when drunk, a couple of deep gashes.
She was cautioned by the police for beating up another female a few months ago.
In and out of employment all the time.

Whats the likelihood of her doing time? I doubt she can claim self defence.
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I'm unsure why PP has posted a link about Australian law! If the charge is one of 'ABH' (rather than 'GBH' or 'GBH with intent'), see pages 11 to 14 here: http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf The use of a glass as a weapon almost certainly pushes 'culpability' into the 'higher'...
18:37 Tue 27th Sep 2016
How long is a piece of string?!

What has she been charged with?
likely I would say..
Employment will not come into it I don't think Ratters, there is a possibility she may get sent down, but knowing the stupid law today, she would get 12months suspended on good behaviour & a hefty fine, maybe £20!!!!!
jesus who are you going drinking wiv, nowadays Ratter ?

come drinking in canal street manch - lots of kissing and no glassing - so anyone wiv make up will come out unsmudged ....

glassing in taken seriously elsewhere and prison is still uncommon
http://www.qslaw.com.au/have-you-been-charged-with-a-glassing-offence-or-assault/
No idea but I'd suggest if she doesn't get a prison sentence then there is probably something wrong with the system. How much harm can one do and get away with a lesser penalty ?

Very nice offer Peter, but maybe you aren't Ratter's type ?
OG - people get off with worse.

I know someone who was stabbed 38 times and his attacker got a measly 5 years!
Question Author
I really don't know the details of what went on or what she has been charged with. It is someone I know but certainly not a friend or acquaintance.

Personally I hope she does time!

"jesus who are you going drinking wiv, nowadays Ratter ?"
I don't even go drinking, I haven't seen the inside of a pub in about 12 months.
Does she have children?
Question Author
ummmm, "Does she have children?" Fortunately, no.
yeah does she have children ?
and what are they like ?
any more fun to go drinking wiv ?

I think a custodial sentence is unlikely
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PP,
"yeah does she have children ?
and what are they like ?
any more fun to go drinking wiv ?"

She is 21, you work it out!
yeah and canal st

smooching wivout smudging

sozza only thought of that when I took the dog out for a walk ( erm not along canal street and o god it is puddling down in Manch now)

and yes thank u ratta, I thought ( or should that be 'fort' ?) someone would point that out .... [they were too young to drink]
I'm unsure why PP has posted a link about Australian law!

If the charge is one of 'ABH' (rather than 'GBH' or 'GBH with intent'), see pages 11 to 14 here:
http://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

The use of a glass as a weapon almost certainly pushes 'culpability' into the 'higher' classification, meaning that the offence can't be classed as 'Category 3'.

If the court was of the opinion that the wounds were at the lower end of the 'ABH' scale, then 'harm' might be regarded as falling into the 'lower' classification, making it a 'Category 2' offence. For such an offence the 'starting point' sentence is one of 26 weeks custody (possibly reduced by one third for an early guilty plea). A non-custodial sentence remains a possibility though but the earlier caution reduces the chances of it.

However the court might well take the view that "a couple of deep gashes" push 'harm' into the 'higher' classification, which (together with 'culpability' already being 'higher', due to the use of the glass) means that it will be seen as a 'Category 1' offence for which (unless there are very exceptional circumstances) a custodial sentence is automatic.

Based upon the limited amount of information available here, my GUESS is that it will be seen as 'Category 1' ABH, with the lowest available sentence of 12 month's imprisonment initially being in the mind of the judge but with that then being reduced to 8 months for an early guilty plea, meaning that the offender will actually spend 4 months 'banged up'.

The foregoing though is based upon my initial assumption that an 'ABH' conviction will be sought and obtained. If the wounds resulted in serious permanent facial scarring to the offender the CPS might well try for a 'GBH' conviction, elevated to 'GBH with intent' because of the use of the glass. Pages 3 to 6 from my link would then apply, with the absolute minimum sentence available to the court (unless there were very exceptional circumstances) being one of 2 years imprisonment. (i.e. 3 years less one third for an early guilty plea). In which case the minimum time that the offender would actually be 'banged up' for would be one year.
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Thanks Chris.
Hi chris ! how are you ?
I knew when you had put your clothes on
you would give a full explanation of sentencing principles

the australian link give the thread
1) an international air
2) actually says that they dont go to prison there for it

as someone says above we dont know what the girl has been charged with

and this is one of those third party questions - where the OP says "O I wasnt there ! I just heard it from my muvva - and I am pretty sure she wasnt there either."
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PP, why all the chav like talk, do you really have that view of me? I asked a simple question looking for a generalised answer, No I wasn't there and this parson is someone I do not associate with. Maybe I am asking because I am a friend of the victim. Anyway, I really don't know why you do it but it really just makes you look like and idiot!
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^^excuse the typos, it was late and I was on my phone.
Despite what Chris says I doubt she'll get a prison sentence.

She'll probably get community service.
Question Author
You are probably right ummmm, free to go and do it to someone else before she gets sent down, and she will do it again!
Someone I know bottled someone, actually stuck a broken bottle in his belly, and got off.

So Chris and Eddie etc can copy and paste the law but it's often not the case in reality.

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