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section 18

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smith | 09:28 Sat 04th Sep 2010 | Criminal
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my son as been charged with section 18 for wounding he stabbed a gril in the hand the injury sustained was minor and he as also got previous. he is looking at a custodial sentenece if so how long for. he is in prison on remand
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There's an inconsistency in your post. A 'minor' injury can't lead to a Section 18 charge. Read the definition of 'Section 20 GBH' here (in particular paragraph 55) to see the type of injury that the Crown Prosecution Service say your son has inflicted:
http://www.cps.gov.uk...on/#Unlawful_wounding
Then scroll down to the next section to see why the charge has been increased to 'Section 18'.

The 'starting point' sentence for a @section 18' offence involving the use of a weapon (where the assault was not premeditated and the victim did not suffer life-threatening or very grave injuries) is 5 years imprisonment, with judges expected to pass a sentence between 4 years and 6 years. However those sentences refer to a first-time offender, convicted after a trial. Previous convictions can push the sentencing higher but an early guilty plea can see the sentence cut by a third.

At a rough guess the judge will opt for a 6 year sentence but (assuming that your son pleads guilty) then cut it down to 4 years. Offenders normally spend half of their sentence in prison, so it's likely that your son will actually be 'banged up' for about 2 years.

Chris
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Question Author
thanks for your help well she had 16 sitches in her hand and it was not life-threatening but they have done him on section 18, but he went out that night and thinks someone put some thing in his drink he was not drunk but can't remmber any of what when on with the
I wouldn't call 16 stitches 'minor' - how bad do things have to get to become serious? Arm lopped off?
will that be his defence in court? has there been a toxicology report?

no?
and.. was he also unwittingly drugged for his previous offence?
The spiked drink thing is a popular excuse, and seen through by the courts. Get evidence of this if there.
1 or 2 stitches is minor .. maybe. Any more is serious. The injury associated with that wound could easily affect the use of a limb or hand.
Question Author
i no my son as done wrong and i am not try to defend him and yes he will be sentenece for this, i am very sorry for the girl and he is but she did go home and drive herself to the hospital so no hand was lopped off
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A custodial sentence for a s.18 wounding is inevitable unfortunatley. What are his pervious convicions for, how long ago and how old is your son??
Question Author
he as got gbh, when he was 14 years old and abh when he was 18, he is now 19 will be 20 in a few weeks
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Question Author
i think it was at a party at a flat? i am sorry because i dont no what went on only that the girl's boyfriend was asked to leave but he would go, i think the knife was at the flat because i no he dont carry knifes around. i do no he as done wrong but i just dont no what when on that night and i wish i did because it is so hard for all the family to understand and this is something he would never do
sorry, but lol at "this is something he would never do" - he's done it twice already before!
Anyway, you acknowledge in your post that he did do it - if he DIDN'T do it then you need to get him legal advice now, today because as the others have said, he will be getting a prison sentance from this,
With statements that describe 16 stitches as "minor" and "something he would never do" it is quite clear that you have never made your son face up to the consequences of his actions throughout his whole life. You are still defending him.

Fact is your son is going to finally have to face those consequences. It is high time you stopped making excuses and told him that he deserves to go to jail for what he has done.

Your son is a violent criminal offender. He will probably get a long sentence. I certainly hope so.
14=gbh
18 = abh
19 =stabbing someone in the hand, section 18,
Sorry smith your son is a serious, repetitive ,vicious thug, not worthy of your defense.
Will he go down --sincerely hope so , and so should you.

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