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Sentencing??

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goulding1989 | 15:15 Sun 24th Jul 2011 | Law
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My boyfriend has been charged with GBH with intent and kidnap. He has pleaded not guilty on the advise of his barrister. He has a previous spent sentence for ABH which was 5 years ago and received an 8 month sentence in a young offenders centre. The person who has bought the charge is a registered drug adict with 10 pages of previous charges relating to domestic violence and theft, agravated burglary and similar.
The kidnap charge is over exaggerated he went into the car of his own choice, he was never held against his will, although he claims he was.
He has made claims about the assault, again with no hard evidence to back this up as there was only 1 unreliable witness.
My boyfriend has been on remand since 5th April and the trial is due to start in September.
Can anyone give me an indication as to the worst case and best case outcome please. I am hearing so many different views and just want someone independant to give me their opinion.
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Story sounds v one sided...is your oh a dealer? if so steer well clear. Drug Addict has an excuse they are under the influence? what excuse has your boyfriend.? If you want a nice life then steer well clear of him. You asked for advice!
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No it's nothing to do with drugs!
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He beat his friends sister up and they decided to take the law into their own hands wrong thing to do!!
he beat up his friends sister?...or your boyfriend beat up the guy who hit the girl??
Sounds complicated to me, have we got the full story?
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My boyfriend beat up the guy who hit his friends sister!! It really is complicated!! She came into a pub where my boyfriend, 3 of his mates one of them her brother! She had 2 black eyes!!
what are the injuries? On what basis is he pleading not guilty?
The maximum sentence for GBH with intent is life imprisonment. The actual sentence passed (if your b/f is found guilty) will depend upon which of the three categories of the offence which are used for the purposes of sentencing. If the injuries sustained by the victim weren't at the very highest end of those which constitute GBH, it's likely that the 'kidnap' element will push the offence from the lowest category (3) into Category 2. If so, the minimum sentence that the judge can pass will be one of 5 years imprisonment, with a maximum of 9 years imprisonment.

If the injuries sustained by the victim were particularly serious, that (together with the 'kidnap' element) will push the offence into Category 1. That means a minimum sentence of 9 years and a maximum of 16 years.

Here's the actual document which the judge must refer to:
http://sentencingcoun...ine_-_Crown_Court.pdf

Chris
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Chris.. Thanks for that it helps loads.. The injuries he sustained are not bad but the victim Is I think refusing to give permission for the records to be used!! He had few bumPs and bruises, and a punctured lung!! But this was only stated on the initial police statement so not sure of the exact injuries! They did not hold him in anyway!
Yes I am a young girl and despite this sounding really bad my boyfriend is a good person, unfortunately he got involved in his mates problems by joining in on an assault of a drug taking woman beater!! But my boyfriend is now paying for the stupid moment of madness!!
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24, yes definitely!! I'm quite a strong person and I would walk away if I didn't feel there was any point in waiting! Thankyou for your concerns x
Hi would you be able to tell me what your boyfriend was sentenced ? Hopefully he was released without charge but this is a very similar story to what my boyfriends going through and he's being sentenced this Wednesday thank

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