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Society & Culture0 min ago
How Long Will My Boyfriend Get For Gbh Section 18?
My boyfriend was at the pub when this guy brushed past me and sexually touched me so my boyfriend said something like "You shouldn't be doing that to a woman" and the other just went mad and started swinging for my boyfriend so my boyfriend went to lift up his hands in protection but his coat sleeves somehow got hooked onto the stools so the guy was accidently hit 7 times over the head by an accident as my boyfriend tried to protect himself leaving the guy with 57 stitches a fractured skull and concussion. He's now in prison with his trial coming up in febuary as he's going not guilty as it was all an unfortunate accident but the police have him on record saying that he'd drunk 2 bottles of vodka prior to the incident. How long will he get IF he's found guilty?
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You're boyfriend is an idiot if he's seriously expecting to get way with a 'not guilty' plea on the grounds that "the guy was accidently hit 7 times over the head". If he pleads guilty as soon as he's given the opportunity to do so he could see his sentence cut by up to one third.
The actual document that the judge must refer to (when considering sentencing) is on pages 3 to 6 here:
http://
It's possible, from your description of the incident and the victim's injuries, that it might only be regarded as a 'Category 3' offence, in which case he'll be looking at a sentence of around 4 years if he continues to plead 'not guilty'. (If it's 'Category 2' it would be around 6 years. I can't see it being classed as 'Category 1'). The actual time spent in prison, including while on remand, would usually be half of the nominal sentence but, for sentences of 4 years and above, it can be up to two thirds.
Anyway, if he really did consume 2 bottles of vodka he should consider himself lucky to be alive. Drinking just one bottle of vodka would kill most people. Only a very small percentage of people who drink two bottles survive.
The actual document that the judge must refer to (when considering sentencing) is on pages 3 to 6 here:
http://
It's possible, from your description of the incident and the victim's injuries, that it might only be regarded as a 'Category 3' offence, in which case he'll be looking at a sentence of around 4 years if he continues to plead 'not guilty'. (If it's 'Category 2' it would be around 6 years. I can't see it being classed as 'Category 1'). The actual time spent in prison, including while on remand, would usually be half of the nominal sentence but, for sentences of 4 years and above, it can be up to two thirds.
Anyway, if he really did consume 2 bottles of vodka he should consider himself lucky to be alive. Drinking just one bottle of vodka would kill most people. Only a very small percentage of people who drink two bottles survive.
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Maudlin - I am sorry you got involved in this
especially as it was sexual touching of yourself that landed him in prison
There are a few on this thread who seem to have the sentencing guidelines ( the books the judges use to send people down ) as their bed side reading
BuenChico and new judge spring to mind
It does sound serious. - you have to hit someone quite hard to fracture their skull. Also hitting someone 7 times accidentally is quite difficult to imagine
advice I am sure will be along shortly
especially as it was sexual touching of yourself that landed him in prison
There are a few on this thread who seem to have the sentencing guidelines ( the books the judges use to send people down ) as their bed side reading
BuenChico and new judge spring to mind
It does sound serious. - you have to hit someone quite hard to fracture their skull. Also hitting someone 7 times accidentally is quite difficult to imagine
advice I am sure will be along shortly
-- answer removed --
-- answer removed --
With the exception of some 'high risk' prisoners (who are sent directly to a 'Category A' prison), those convicted by the courts are normally sent first to a 'Category B' prison (which is quite possibly where your boyfriend is now). Such prisons are often intended only for 'short stay' use and therefore lack the educational and recreational facilities that might be found elsewhere.
However, due a shortage of spaces, it's not unusual for prisoners to remain in such a prison for many months, or even years. Those who are deemed to be fairly low risk prisoners might then get moved to a 'Category C' prison, where things are rather more relaxed. (e.g. in some, such as HMP Wellingborough, prisoners can wear their own clothes, move around the prison unescorted and receive their mail unread by prison staff).
'Category D' (= 'open') prison places are normally only given to either extremely low risk offenders (such as an 80 year old fraudster) or people nearing the end of very long sentences (so that they can be gradually reintroduced back into the community). It's unlikely that your boyfriend would be allocated such a place.
However, due a shortage of spaces, it's not unusual for prisoners to remain in such a prison for many months, or even years. Those who are deemed to be fairly low risk prisoners might then get moved to a 'Category C' prison, where things are rather more relaxed. (e.g. in some, such as HMP Wellingborough, prisoners can wear their own clothes, move around the prison unescorted and receive their mail unread by prison staff).
'Category D' (= 'open') prison places are normally only given to either extremely low risk offenders (such as an 80 year old fraudster) or people nearing the end of very long sentences (so that they can be gradually reintroduced back into the community). It's unlikely that your boyfriend would be allocated such a place.
It is impossible to say how long he will get. I would suggest your bf asks his solicitor. A significant factor will be his previous record. None of us on here can say "how long". Only his legal team can give him any sensible answer because they are is possession of all the facts and can compare them to the Guidelines/Cases.
maudlin. Read what I posted in my first answer. S18 is ALWAYS a prison sentence.
That sentence can be from less than a year to life.The sentence depends on how serious the injury caused is and on the accused previous record. If your BF has a criminal record for violence , (ABH, GBH , assault) that will increase the sentence.
If your BF pleads guilty there is an automatic reduction in the sentence of 33%
If he pleads 'not guilty' but after trial he is found guilty by the jury he gets no reduction in sentence.
In the situation you describe I can see no hope that a jury would find him 'not guilty'.
The events you told us about , the defence and the sexual touching are 'mitigating circumstances' that help explain why the assault happened they DO NOT excuse him from doing it. He should have just ignored the other man and walked away.
Your story has inconsistencies, you say he intended to do it and also that he hit the man 'accidentally' 7 times! it can not be both!
If your BF does go into court trying to say it was as accident I am certain he will be found guilty anyway.
The fact that he was drunk and that he used a weapon (the bar stool) will also go against him and increase the sentence.
If he does plead guilty, apologises and gets help for his anger / drinking problems that will help get a shorter sentence. But is IS going to go into prison. My guess is for at least 3 years ( that is for a guilty plea) if he has 'previous' or if he tries to plead 'not guilty' it will be 5 years or more.
Has he got any previous convictions? and has the person he hit fully recovered?. I ask because you say there was concussion, that can mean brain damage. If he caused brain damage it means the offence is a lot more serious .
That sentence can be from less than a year to life.The sentence depends on how serious the injury caused is and on the accused previous record. If your BF has a criminal record for violence , (ABH, GBH , assault) that will increase the sentence.
If your BF pleads guilty there is an automatic reduction in the sentence of 33%
If he pleads 'not guilty' but after trial he is found guilty by the jury he gets no reduction in sentence.
In the situation you describe I can see no hope that a jury would find him 'not guilty'.
The events you told us about , the defence and the sexual touching are 'mitigating circumstances' that help explain why the assault happened they DO NOT excuse him from doing it. He should have just ignored the other man and walked away.
Your story has inconsistencies, you say he intended to do it and also that he hit the man 'accidentally' 7 times! it can not be both!
If your BF does go into court trying to say it was as accident I am certain he will be found guilty anyway.
The fact that he was drunk and that he used a weapon (the bar stool) will also go against him and increase the sentence.
If he does plead guilty, apologises and gets help for his anger / drinking problems that will help get a shorter sentence. But is IS going to go into prison. My guess is for at least 3 years ( that is for a guilty plea) if he has 'previous' or if he tries to plead 'not guilty' it will be 5 years or more.
Has he got any previous convictions? and has the person he hit fully recovered?. I ask because you say there was concussion, that can mean brain damage. If he caused brain damage it means the offence is a lot more serious .
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