gbh with intent

[cow_boy]

im returning on police bail this month for gbh with intent. the victim was trying it on with my girlfrend and i text him a few times sayin ill pput you in hospital. and also i went out to look for him but just to talk to i got told he was a at a pub and i parked outside but there were loads of his mates there so i went . then i was parked up at a place where he was but i didnt know he was in that building and after i drove off and was going back home and i bumped into him near that building. and i stoped there were ttwo of my mates with me. so i jumped out and tried approching him to talk to him and he tried attacking me so i pushed him and he fell on the floor so my two mates came out the car cuz they seen his mates come with poles and my mates grabbed him up on the floor then we left there was no cctv and there was once witness saying we weere parked there for a lil while and another witness saying my mates hit him with a pole which they never. also therre was another car that was following us but he was a mate and he got areested and he told the police that i hit the victim when im the victim aswell in this case as i got hit.

[EDDIE51]

Is this a question or a story ? Some punctuation would help us understand it better.

[cow_boy]

he sustained a fractured knee cap

[cow_boy]

its a question im asking whats it looking like ?

[EDDIE51]

And the question is ?
If as I suspect you are being charged with a section 18 then you need a lawyer as this offence means prison unless there are very exceptional circumstances.

[cow_boy]

oh what the sentance looking after reading this?

[EDDIE51]

As I said, if you are charged with GBH with intent Section 18, then you are looking at a prison sentence.
What exact offence have you been charged with ? from your description there are several possible offences, including threatening behaviour ,GBH and Affray.
GBH section 18 is the most serious and is virtually certain to be a prison term.
You will be looking at 2 to 3 years, there is 1/3rd off for an early guilty plea and automatic release at the half way point , at best you will be away for 9 months at worst 18 months.

[Buenchico]

If the court believes that there was 'a significant degree of premeditation' (which might well be the case), that pushes the 'culpability' factor into the 'high' category. However a fractured kneecap would only make the 'harm' factor to be 'low'. That makes it a 'Category 2' offence, with a sentencing range (for a first-time offender convicted after a trial) of 5 to 9 years imprisonment. An early guilty plea can see the sentence cut by one third, but previous convictions (especially for violence) can see sentencing pushed higher.

So, at very the lowest end of that sentencing range, you're looking at 5 years less one third = 3 years 4 months. Of that, only 1 year 8 months would actually be spent 'inside'.

However if the court can be convinced that 'culpability' was 'low', it would only be a 'Category 3' offence, with a sentencing range of 3 to 5 years imprisonment. Taking a third off the lowest end, for an early guilty plea, would result in a sentence of 2 years imprisonment (of which 1 year would be spent 'inside').

Other than in VERY exceptional circumstances (which the judge must explain to the public in open court) a judge is not permitted to pass a non-custodial sentence.

See pages 3 to 6 here to read what the judge must also read:
http://sentencingcoun...ine_-_Crown_Court.pdf

Chris

[bazwillrun]

the word chav springs to mind here