SIGN UP

Is It Possible For A Person Convicted Of Gbh With Intent To Receive A Suspended Sentence?

Avatar Image
ciara29 | 23:16 Sat 22nd Mar 2014 | Law
5 Answers
Last June my fiancé got into an altercation in a bar, he was extremely drunk (not like him) 4\5 times over legal limit, and threw a glass across the bar which hit the injured party on the head resulting in the injured party receiving 13 stitches :( my fiancé has no recollection of the incident. This is his first criminal offence. He is extremely ashamed of his actions, and cant believe he done it, only cctv shows he did. He is currently on remand in prison, awaiting to be sentenced. He has received a good probation report, and good reports since hes been in prison, he was on bail since June, and never once broke his bail, or touched alchohol since it happened. He is a really decent person who made a drunken mistake which he has no recollection of :( will this come into consideration when hes being sentenced? I am currently 31 wks pregnant and really stressed a.t.m wondering what may happen....will the judge consider his character references and our situation when sentencing???

Answers

1 to 5 of 5rss feed

Best Answer

No best answer has yet been selected by ciara29. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Courts can only suspend a sentence if the period of that sentence is one of less than 12 months:
http://open.justice.gov.uk/how-it-works/#d

Since the absolute minimum sentence which can be passed by a court for a 'Section 18' offence (other than in really exceptional circumstances, such as the offender having a terminal illness) is one of 2 years imprisonment, it would seem impossible for a suspended sentence to be passed.
http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf
(See pages 3 to 6. You need to deduct one third from the sentences shown there if your fiancé pleaded guilty at the earliest opportunity).

Further a judge would not remand an offender into custody, pending sentencing, unless he/she was wholly confident that an immediate custodial sentence would be passed.

While it would be technically possible for a judge to pass a sentence of less than 12 months, and then to suspend that sentence, I can't see it being a realistic possibility. The judge would have to explain (in open court) why he had gone against the official guidelines (which are in my second link above) and I can't see that he/she would have any real grounds to do so. Further, offending through drunkenness is more likely to increase sentencing than to reduce it.
As said S18 is always a prison sentence . Your fiance will have to face a time 'inside'. However on the good side, his case looks like the lowest category so it will be 2 years. There is a 1/3rd reduction for a guilty plea at the 1st chance so that drops it to 16 months. Then time on remand is also deducted , finally there is the automatic release at the 1/2 way point, this drops it to 8 months with out taking into account the time he has been on remand. How long has he been on remand? he could get immediate release after the trial if he has been in jail on remand a long time.
But I am a bit confused , you mention bail, probation and remand are these all for the same offence or where there more offences? If he has 'previous' that will probably mean a longer sentence.
Question Author
Yes this is his first criminal offence. He was on bail since the incident in June, and has been inside on remand since 14th feb, and he has had a meeting with the probation officer whilst hes been inside.
ok let's assume he gets 2 years. The 1/3rd reduction for a guilty plea drops it to 16 months , he has been on remand since Febuary so take another 2 months off for that leaving 14 months. He will be released at the 1/2 way point after 7 months. He will probably get 'home detention curfew' ( tag release) of at least a month , so all in all he will not be away much over 6 months maximum. Not good but not the end of the world. You will be able to visit him and even get help from the social security to pay the cost of the visits.
but he will miss the birth :(

1 to 5 of 5rss feed

Do you know the answer?

Is It Possible For A Person Convicted Of Gbh With Intent To Receive A Suspended Sentence?

Answer Question >>

Related Questions

Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.