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Charged with GBH section 18 what will happen?
A mate of mine is been charged with gbh section 18 he got no previous conviction at all and he is a very nice person, i think he will try if he can plead guilty to section 20, it happened in a pub in east london while a footboll match was on and alot of drink involved
after some arguin and pushin he pushed the glass on the victims face and the glass smashed and the victim haid alot of stiches, no cctv but witnesis, he was arested there and then last week was on magistrate and crown court is on may, what sentence should he expect? i would appreciate if anyone would provide me with appropriate answer
Thanks
after some arguin and pushin he pushed the glass on the victims face and the glass smashed and the victim haid alot of stiches, no cctv but witnesis, he was arested there and then last week was on magistrate and crown court is on may, what sentence should he expect? i would appreciate if anyone would provide me with appropriate answer
Thanks
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Hi zemrush
It is difficult nowadays to give any accurate advice on current sentencing trends, especially without knowing the full evidential facts. Sentencing has become very inconsistant in the courts but a local legal representative should be up-to-date and be able to give indication.
Without trying to worry you, the charge is a very serious one with serious aggravating features involved i.e. weapon, in public and injuries sustained.
Have a browse at the CPS website http://www.cps.gov.uk...ily_harm_with_intent/
It is difficult nowadays to give any accurate advice on current sentencing trends, especially without knowing the full evidential facts. Sentencing has become very inconsistant in the courts but a local legal representative should be up-to-date and be able to give indication.
Without trying to worry you, the charge is a very serious one with serious aggravating features involved i.e. weapon, in public and injuries sustained.
Have a browse at the CPS website http://www.cps.gov.uk...ily_harm_with_intent/
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My other half is waiting to be sentenced for section18 and although his did not involve a weapon which is what the glass will be classed as,he is looking at 6 years.he acted in self defence when a man attacked him and after he hit the man,he fell to the floor where he kicked him once.it was the kick that got him section 18,otherwise it would of been a simple case of self defence and he'd of been cleared...to be honest in your friends case I will be very surprised if the prosecution accepted his plea to section 20 as my partner also tried for this and was refused.he also has no previous and there was no CCTV,only witnesses.it was those witnesses that found him guilty though.all I can say is hope for a good jury but the likelihood is he will be convicted and probably get about 6-8 years aswell
To give you some idea of what may happen consider this.
I am a 23 year old student in my final year of university. I got charged with GHB but it was reduced to ABH after 8 weeks, I stated self-defence and pleaded not guilty (I was attacked first). I ended up going to trial and the judge believed the prosecution over me and conviced me of ABH.
I had no crimal history at all, am a respected member of the community with a fantastic academic record (11 GCSE's grade A or above, 3 A-levels). I have been working since the age of 17 and am highly respected by many people within the community. My probation report came back suggesting I be given a crimal discharge or fine, otherwise community service at the very most.
The judge sentenced me to 6 months in prison. It appears she would rather see another criminal than graduate.
I am a 23 year old student in my final year of university. I got charged with GHB but it was reduced to ABH after 8 weeks, I stated self-defence and pleaded not guilty (I was attacked first). I ended up going to trial and the judge believed the prosecution over me and conviced me of ABH.
I had no crimal history at all, am a respected member of the community with a fantastic academic record (11 GCSE's grade A or above, 3 A-levels). I have been working since the age of 17 and am highly respected by many people within the community. My probation report came back suggesting I be given a crimal discharge or fine, otherwise community service at the very most.
The judge sentenced me to 6 months in prison. It appears she would rather see another criminal than graduate.
The chances of getting the charge dropped to Section 20 are negligible. See paragraphs 50 to 67 here:
http://www.cps.gov.uk...s_against_the_person/
The 'starting point' sentence for a first-time offender, convicted (after a trial) under Section 18 is 5 years imprisonment. Other than under extremely exceptional circumstances, judges must look at a sentence of between 4 and 6 years imprisonment. However that sentence can then be reduced by one third if there was an early guilty plea. The time actually spent 'inside' is normally half of the nominal sentence.
So, at the bottom of the scale, the sentence will be 4 years, less one third, equalling 2 years 8 months. So that would mean your mate being 'out of circulation' for 1 year 4 months.
See the table on page 13 here:
http://www.sentencing...person_accessible.pdf
Chris
http://www.cps.gov.uk...s_against_the_person/
The 'starting point' sentence for a first-time offender, convicted (after a trial) under Section 18 is 5 years imprisonment. Other than under extremely exceptional circumstances, judges must look at a sentence of between 4 and 6 years imprisonment. However that sentence can then be reduced by one third if there was an early guilty plea. The time actually spent 'inside' is normally half of the nominal sentence.
So, at the bottom of the scale, the sentence will be 4 years, less one third, equalling 2 years 8 months. So that would mean your mate being 'out of circulation' for 1 year 4 months.
See the table on page 13 here:
http://www.sentencing...person_accessible.pdf
Chris
mike11111 - I went to a good school and worked very hard. The Wallace High School based in N.Ireland.
The point I was making is that the conviction for someone who has worked so hard to get where they are in life is punishment enough, in my honest opinion. As the probation report also shared the same opinion as myself. But, this isn't about me, it's to show zemrush that it is a very likely possibilty that his friend will do time, especially if he contests and loses.
The point I was making is that the conviction for someone who has worked so hard to get where they are in life is punishment enough, in my honest opinion. As the probation report also shared the same opinion as myself. But, this isn't about me, it's to show zemrush that it is a very likely possibilty that his friend will do time, especially if he contests and loses.
