Criminal

Racially Aggravated GBH Section 20?

6 months ago I got into a fight on a night out and it turned out pretty bad. I was getting a lot of **** from this lad I know and lost my rag and ended up hitting him with a bottle and doing a fair bit of damage outside the nightclub. I was originally going to be charged with Section 18 but it got dropped to Section 20 and i was advised to plead guilty as there were witnesses and CCTV of what happened but not what had gone on before that made me do it.

Because the guy was black and people say I called him some stuff they are making out it was racist but it wasn't - just a fight that got out of hand. I know that the judge can increase the sentence because of this but wondering what I might be looking at on top of the main sentence for this?

I have previous for affray and criminal damage but nothing serious like this.

Paul26 Sat 14/06/08 14:15

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zzxxee
Sat 14/06/08
14:57

depends if it is going to crown court or not

Buenchico
Sat 14/06/08
17:03

GBH is 'indictable only', so it must go to Crown court.

The maximum penalty for racially aggravated Section 20 GBH is 7 years imprisonment (rather than the 5 years which normally applies to Section 20 offences).

The table of guideline sentences, which will be used by the judge, can be viewed on Page 15 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
('Page 15' refers to the page number actually printed in the document. Adobe Reader will recognise it as 'Page 19 of 36').

The sentences there apply to first time offenders who've been convicted after a trial. Your guilty plea and your previous convictions will roughly cancel each other out but the racial aggravation will push the sentence towards the upper end of the sentencing range shown in the right hand column. So, for an offence which wasn't premeditated and didn't involve a weapon, you might be looking at a sentence of 8 or 9 months imprisonment, unless the assault resulted in grave injuries or disfigurement (in which case, a sentence of around 3 years might be more likely).

Chris

New Judge
Sat 14/06/08
17:13

Chris posted his answer as I was composing mine, and I fully concur with his findings.

Wounding (Grievous Bodily Harm) is an offence contrary to Section 20 of the Offences against the person Act 1861. It is an “either way” offence which means it can be dealt with either by magistrates or at the Crown Court.

If you enter a guilty plea at the magistrates’ court the Bench has the power to send you to the Crown Court for sentence if they consider their powers (6 months custody) are insufficient. Their guidelines (for a first time offender pleading not guilty) are that they should do so. Whilst the guilty plea will work in your favour, against you is your previous record (Affray, despite what you say, is a serious offence). The racial element of the offence will also almost certainly persuade the Bench that their powers are not adequate.

As a result I think you are unlikely to escape with less than 6 months custody. and Chris's suggestion is the probable outcome.

Paul26
Sat 14/06/08
17:35

Question Author

Thanks for the advice and the link - makes things clearer.

I am going to Crown Court for sentencing next month after I do a Probation Report. i'm not proud of it but i did use a bottle and the other person does have scarring and also broke some bones in the fight so I think it will count as pretty serious. As I said I was provoked but don't have witnesses for that as that happened before I left the nightclub.

Do they give a seperate sentence for the racial bit as I don't think that was too serious or is it all lumped in together?

I am also wondering if the fact they were talking about Section 18 before hand mean I might get a longer sentence than normal or do they take that into account?

My brief told me to expect 2-4 years but not sure whether he was making it try to seem worse than it might be.

Buenchico
Sat 14/06/08
18:30

I thank New Judge for correcting me with regard to Section 20 GBH being 'either way', rather than 'indictable only'.

The fact that a Section 18 charge was originally considered can't, per se, be taken into account when sentencing is considered. However, it was almost certainly the use of a bottle which gave rise to the possibility of Section 18 charge and it's also the use of that bottle which will go against you when your sentence is determined.

I've already provided the link which allows you to read exactly what the judge will refer to when deciding how long you should be imprisoned for. Reading through that, together with the information you've provided, suggests to me that your barrister has accurately assessed the likely sentence. You might be a little unlucky to get a 4 year sentence but around 3 years seems likely.

Chris

helpmetoo
Mon 16/06/08
09:54

glad to see you are a reformed character and think that affray and criminal damage is 'nothing serious'

you mate are a waste of space

BRAVO1
Thurs 19/06/08
09:25

ditto !

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