Quizzes & Puzzles2 mins ago
Section 20 GBH Without intent
I have been charged with GBH Section 20 without intent, I unfortunately hit a guy in a bar after alot of provokation, unfortunately hit fell and hit hit his head on the floor, he suffered a fracture skull from hitting the floor. I was charged with the above offence and have been the the magistrates court twice, the matter has now been committed to the crown court. I am absolutley devastated by what I have done and cannot believe what a stupid mistake I made by doing this. Thankfully the guy has made a full recovery now. I have never been in any trouble before and what I did was totally out of character, I have a very good job in the emergency services, I have a family and house and I have put everything in jeapody by what I have done. I have pleaded guilty and shown complete and utter remorse from day 1. I am just looking to know from anyone else who has been in this terrible situation what punishment they received?
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Unless there are genuinely exceptional circumstances (which a judge must explain in open court) all judges have to keep to the guidelines produced by the Sentencing Guidelines Council.
For the lowest level of 'Section 20' offences (where there was no premeditation, no weapon used and no particularly grave injury or disfigurement) the 'starting point' is 24 weeks custody. Working up or down from that point (depending upon the circumstances of the case), the judge has to arrive at a sentence no higher than 36 weeks custody and no lower than a 'high level' community order.
However those sentences refer to a first-time offender convicted after a trial. An early guilty plea can see a reduction in the sentence (which, in the case of a custodial sentence, is normally by one third).
Additionally, 'provocation' can be seen as a mitigating factor.
With a good barrister to speak for you, possibly pointing out the effect that your conviction might have on your career, it's likely (but not completely certain) that the judge will opt for a non-custodial sentence and instead impose a community order. (In the fairly unlikely chance of you being 'sent down' it's also worth noting that the time served in prison is normally only a half of the actual sentence. So even if the judge stuck to the 'starting point' of 24 weeks custody, he'd cut it to 16 weeks because of your guilty plea and you'd only actually be 'banged up' for 8 weeks).
Chris
For the lowest level of 'Section 20' offences (where there was no premeditation, no weapon used and no particularly grave injury or disfigurement) the 'starting point' is 24 weeks custody. Working up or down from that point (depending upon the circumstances of the case), the judge has to arrive at a sentence no higher than 36 weeks custody and no lower than a 'high level' community order.
However those sentences refer to a first-time offender convicted after a trial. An early guilty plea can see a reduction in the sentence (which, in the case of a custodial sentence, is normally by one third).
Additionally, 'provocation' can be seen as a mitigating factor.
With a good barrister to speak for you, possibly pointing out the effect that your conviction might have on your career, it's likely (but not completely certain) that the judge will opt for a non-custodial sentence and instead impose a community order. (In the fairly unlikely chance of you being 'sent down' it's also worth noting that the time served in prison is normally only a half of the actual sentence. So even if the judge stuck to the 'starting point' of 24 weeks custody, he'd cut it to 16 weeks because of your guilty plea and you'd only actually be 'banged up' for 8 weeks).
Chris
my son used his car as a weapon an disabled chap for life and found guilty of section 20 and dangerouse driving and was sentence was 18months was tol he serve 9months or less and when he went in on the 01.10.2010 they say he could be out in 4,5months so i think you will get a susspended sentance but get a good barrister
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