what will my punishment be? GBH with intent

Hi, I am hoping dannydinglebat or another qualified lawyer may be able to give me a educated guess as to the outcome of my case.
I was standing with three girls talking when a man slapped me on the back,demanded a cigarette,nudged me,began swearing at me,came nose to nose with me. He was then moved away by one of the girls and then was portraying he wanted to get past her to get to me, then simply told me he was going off for a cigarette but would be back to "Fluff me up". As you can imagine i was frozen with confusion/fear. A few minutes later he came walking towards me so i went straight to him and punched him to the floor and sort of fell on him and hit him 4-6 more times until i realised he was unconcious.
I have never been in these situations before and have no previous at all. I am awaiting his medical report but they think broken nose and fractured jaw.
Will i be likely to get a custodial if these injuries are confirmed and the same question if they are not. Thankyou.
16:02 Thu 04th Feb 2010
 
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'GBH with intent' is akin to 'attempted murder' in that it carries a maximum sentence of life imprisonment so, unless the charge is dropped to 'ABH' or (less likely in the circumstances you describe) to 'GBH', you're in big trouble.

Start by reading up on the differences between 'ABH', 'GBH' and 'GBH with intent'. See paragraphs 45 to 67, here:
http://www.cps.gov.uk...s_against_the_person/

Then view the tables on pages 13, 15 and 17, here:
http://www.sentencing...inst-the%20person.pdf

The sentences shown in those tables refer to first-time offenders who are convicted after a trial. An early guilty plea can result in a one third reduction of the sentence. Judges are obliged to stick to those guidelines unless there are genuinely exceptional circumstances (which a judge must explain in open court).

Based upon those tables, if the charge remains as 'GBH with intent', the minimum sentence you would be likely to receive (assuming that you plead guilty) would be one of 2 years imprisonment, of which only 1 year would actually be spent 'inside'.

Chris
Question Author
I have done the research you suggested and i am with you on the 2 year conclusion.
I guess the major factor here is the results of the medical because if he has no fractured jaw then ABH is surely what the CPS will select to charge me with.

Thankyou Chis for taking time to consider my question,much appreciated mate!
You need a *REALLY* good lawyer and barrister team behind you here.

As has already been stated, an early plea of guilty will reduce your sentence and the fact that this is your first offence will reduce it even further. However, the medical report isn't really going to make much difference.

You are surely going to plead guilty, after which your only hope is what used to be called "throwing yourself on the mercy of the court". It is for this that you need the really good lawyer to plead on your behalf. Your lawyer will explain the likely outcome to you, and also the worst case scenario. I can't see anything which will prevent you getting sent down for this. If you are lucky, you will receive the minimum sentence of 2 years, of which 1 year will be spent inside unless you smack anyone else while you're in prison. That would be a really stupid thing to do because not only would you lose your remission but you'd be beaten senseless at the first opportunity.

So, gird your loins as they say, and make preparations for at least a year inside. But, don't be too surprised if they throw the book at you...
there are mitigating circumstances here to be considered if you haven't already been prosecuted.

1. You were provoked
2. You acted in self-defence
3. You have witnesses

You may have over reacted in your self-defence & caused more injuries than you expected but that's relative to the situation. With the above points in mind, charges may be much reduced.....you might get a shorter sentence for 'anger management' therapy.......keep your fists in your pocket, good luck.
Question Author
I have chosen a self defence plea as my lawyer stated that this is justified if i have a perceived threat.
I have 2 witnesses who back up his actions in addition to someone who has made a statement to say he spoke to friends of this guy and they mentioned he has been starting on people alot recently.
I hope he will therefore have previous.
Also the injuries are crucial as to what i will be chared with and therefore the likely sentence range.
This was also caught on cctv.
Question Author
Markrae i appreciate your effort to reply mate but i think you should understand all the facts before you make a almost certain conclusion from your perspective.
Some less legally savy people in my position might jump off a cliff with your comments mate! :)
MarkRae

The medical is one of the most important thing as this determines what king of charges will be brought. For example ABH, GBH etc.

You say in self defence, and this might have been valid if you hit him just once. What concerns me is that he fell to the ground and yet you continued to hit him until you realised you knocked him out.

There is a line between self defence using reasonable force and just assaulting someone.

I don't think the court will but the self-defence aspect of this case when the man, although threateningly approach you in your opinion didn't even tough you. I don't think the jury will believe that a man approaching another justifies one to pin another on the ground and hit him until he is unconscious.

I think the charges will be GBH, since there is a broken nose, you think, and he was unconscious. The jaw broken may make GBH affirmative. The intent is there too.

I think a conviction is highly likely due to the CCTV camera. There will also be close attention payed to the other man, to determine whether your actions were in any way reasonable. From reading what you have put, they aren't.
Question Author
sumo mate a broken nose and unconciousness are classed as ABH in CPS guidelines. It is the medical on the jaw that presents itself as crucial here.
Fairs
i was inside with some other blokes that were unlucky and got banged up for gbh after being provoked.

alot of them got 2-4 years. if you do go into custody pray for less than 4 year as you quallify for tag release. ie. 2 year sentence =24 months serve 12 inside less 5 month on tag which is the most allowed. only do 7 month. sentences over 48 months and you do half without tag.

get a good lawyer if there is such a thing as 95% of them make the rest look bad. and with no previous and a fair judge you'll fancy a supended sentence if you show that you are not a danger and that it was a one off.

good luck m8.

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