gbh with intent

[bullseye]

My partner has been found guilty of the above charge by a jury.The trial all went in his favour and that was just the prosecution side they felt they didn't even need a defence.So his barrister asked for a submission but the recorder judge wanted to leave it to the jury.My partner went to a guy's house to ask him to stop picking on his his friends 14 year old son.A guy answered the door and my partner stupidly tried to headbutt him but missed.The guys wife came to the door and pointed out that my partner had got the wrong person so he said sorry and shook the guys hand and began walking away(all this is in his wifes statement).The guy then went into the kitchen and got a 10" kitchen knife and a meat mallet.My partner ran and tried to jump the fence but landed on it and it smashed.The guy came out of the gate still armed so my partner hit him once(this is consistent with the medical report), fracturing his skull.He was in hospital 5 days and had to have an operation however was up and about straight away.My partners barrister showed both of them to be barefaced liars. The guy said he came out with a spatula but his wife told the truth.They had the knife in court.There was no forensic evidence or dna they hadn't even sent off the piece of wood, my partners clothes, nothing.I was just wondering how long my partner is likely to get i have been completely honest.He has also done 6 months on remand and will be sentenced next week!

[Wonderous]

A long time hopefully. Your partner launched an unprovoked attack on an innocent man. Regardless of all other actions after that, he ended up fracturing a man's skull. He is lucky he is not facing a murder charge. Yes, the other man should have just walked away and reported it to the police but the police obviously didn't have the evidence to prosecute him for carrying an offensive weapon or similar. It sounds like your partner was just out looking for trouble, if his friend had felt that strongly about the treatment of their 14 year old son, they should have dealt with it. Your partner had no reason to get involved, it was pure thuggish behaviour which deserves imprisonment. Sorry to be so harsh, but that's the truth.

[bullseye]

Yes at the end of the day he shouldn't have got involved, i agree. In my opinion though the intent left my partner when he shook his hand, apologised and began walking away. If he hadn't gone into the house and come back out with a knife and meat mallet he wouldn't have got a fractured skull. Why did he do it? It was all over!

[bullseye]

Can i also just clarify that the house my partner went to didn't belong to the injured party either.So what was he doing running out of someones house armed? He also has a previous conviction for stabbing someone but it wasn't brought up in court and the same went for my partner who has 3 affrays on his record but 2 are when he was 16 and one at 19. They also were not very serious. Also the guy that my partner went to see is currently on remand at the moment and his trial started today for stabbing someone in the neck, stomach and leg. I hope this clarifies a few things!

[Buenchico]

The average length of a custodial sentence for GBH with intent is around 4 years. (Source, cached by Google:
http://64.233.183.104/search?q=cache:A_QE_EcgD jcJ:www.publications.parliament.uk/pa/cm200506 /cmhansrd/cm050712/text/50712w19.htm+sentences +gbh&hl=en&ct=clnk&cd=4&gl=uk&client=firefox-a )

The maximum penalty is life imprisonment.

However, there might be some mitigating factors in your partner's case. I'd guess (based upon having read many court reports and also having done a bit of court reporting myself) that his sentence might be around 2 years.

Chris

[wizard69]

just to add to Buenchico's post...He will serve half that time (dependent upon good behaviour) and possibly less if let out on a tag. Also the time he has served on remand will be deducted from his sentence.

[bullseye]

What are the chances of him getting an ipp?He does have a record which i have explained but nothing of this serious nature!

[birdie1971]

I find the jury's decision strange (if you are giving us all the facts). A citizen of this country is (in theory) protected under common law if they make a pre-emptive strike against an attacker if they have a genuine belief that their life is in immediate danger. If the jury believed that the attacker had a knife and was attempting to stab your partner then the strike he made should be immaterial, regardless of the injuries caused.

For example, if some guy with a knife runs at me, then if I can strike him first and prevent injury (or worse) to myself then I would do so. Anyone would. Under these circumstances I should be protected under common law using the "pre-emptive strike" defence.

If you are giving us all the details, I suggest an appeal might be in order.

[bullseye]

An appeal is being made as soon as he is sentenced.There were 2 independant witnesses who saw the knife but their view at the bottom of the garden was obstructed by a bin shed. Therefore it wasn't proven whether the knife left the garden or not. Can i just say though that the knife wasn't handed to the police until the wednesday(this happened on the saturday)by the guy's wife and she only did this because the police told her they knew he had one.I really do believe that he has been stitched right up and so does his barrister.Ihave told you everything and i was at his trial for 4 days and he could not have had a better one. Any idea's on an ipp?

[bullseye]

I have just been informed that the guy who my partner originally went to see who has been on trial this week has just pleaded guilty to 2 stabbings and got a 3 year ipp.He stabbed someone 3 times as i explained and tried to cut the victims girlfriends ear off as well, which i didn't even know about.His girlfriend is also going to be sentenced on friday for the same offences. She is the daughter of the woman i explained about in my original question.Will the judge take this all on board?At the end of the day they are an extremely violent family.

[flip_flop]

Christ, fighting chavs - still, at least they kept it within their own little weird sub-group of the human species.

[jake-the-peg]

Feel better now flip flop?

http://www.oup.com/uk/booksites/content/978019 9205936/bulletin2

The provisions on sentencing dangerous offenders
under the CJA 2003 (see E5) will have been in force
for two years by April 2007. Home Office figures
available so far suggest that IPP (Imprisonment for
Public Protection) sentences are being imposed by
the courts at the rate of about 100 per month. The
offences for which IPPs are most frequently
imposed are (in descending order) robbery, wounding
with intent, arson, rape or attempted rape, and
attempted murder. IPPs have been passed in a wide
range of other offences, but only in small numbers.
It is robbery sentencing which predominates, and
this is reflected in the number of decisions of the
Court of Appeal which deal with appeals against
sentence in such cases.
The average length of the minimum term being set
by the courts, across the range, is around 30
months.

[bullseye]

Thanks for the information jakethepeg! What do you think about my partner getting an ipp? Do you think he has good grounds for an appeal? Why do you think no charges were brought to the other side? At the end of the day the guy's wife secreted a knife for 4 days for a start. Can a recorder judge pass sentences over 5 years?
Sorry to bombard you with questions, but i would really appreciate some help just for my piece of mind.

Thanks!

[jake-the-peg]

I don't have much to base an opinion on but from what I read here it looks unlikely that he'd get an IPP.

I'm not sufficiently knowlegable to comment on the chances of an appeal - your account sounds like self-defence but it's complicated by the fact that your partner seems to have started the fight


A recorder is basically the same as a normal circuit judge but part time:
http://www.judiciary.gov.uk/about_judiciary/ro les_types_jurisdiction/judicial_profiles/feepa id/index.htm#5

[bullseye]

Thanks for your help! I'll let you know what happens!

[bednobs]

"If he hadn't gone into the house and come back out with a knife and meat mallet he wouldn't have got a fractured skull"


errrr no, if he hadnt been hit over the head by your partner, he woudn't have got a fractured skull

[bullseye]

Hit over the head with what? He tried to headbutt him and hit him on the shoulder so get your facts right before you even bother to post an answer ok!!!!!!!!!!!!!!!!!!!

[sue11]

Hi, this man and his wife do sound to be lowlifes, but out of interest did your partner intend going to this man's house with the intention of talking to him or to try to attack him? It is not very clear in your story? I know it seems he went over to try to help a 14 year old, but if he tried to headbutt him as soon as he opened the door and they are a violent family as you say, then it seems to me obvious that they were going to retaliate and would not back down as your partner hoped they would. I think your partner has been stupid and hope he learns next time not to act so impulsively, but it sounds like the victim is a violent bully and perhaps your partner wanted to show him that someone was going to stand up to him? If I am right in my thoughts, then I think that your partner does deserve some punishment, but I hope he does not go to prison. My heart goes out to you, as you have all the worry of trying to deal with this, I hope that things come out okay. I have no legal knowledge, so can't help with that, but I do have an interest in GBH posts, as my partner was the victim of a GBH assault. He was completely blameless, he got hit over the head with a chair by a violent vagrant, luckily we had cctv and witnesses so it proved our case and was not contested in court.

[bullseye]

Hi thanks for your answer. My partner was trying to protect a friends 14 year old son and stupidly got involved, however the 'victim' was not the person my partner went to see, so what right did he have to come at my partner the way he did. Fair enough my partner should never have gone to the door, but in my opinion the intent left him when he shook his hand, apologised and began walking away. I agree he deserves to be punished but i do not believe for a second that a section 18 is an appropriate conviction. He is appealing against his conviction, but not the sentence as it was reasonable under the circumstances.
Thanks for caring though it is hard with 3 small children but what can you do except get on with it.
Thanks again!

[arduncan2002]

birdie1971- missed the point. Your partner attacked the wrong person in/on his own property. The law now provides a "reasonable force" element to protect people from intruders or attackers. A knife or mallet seems excessive, But, your partner started this whole chain of events, which culminated in a mess, and oddly enough he dosen't have a scratch......hmmmm.

[bednobs]

sorry if i got the wrong end of the stick. When you said "so my partner hit him once, fracturing his skull"
how did he fracture his skull if he didnt hit him over the head?