GBH with Intent

[cupcakes]

I have been with my boyfriend for 4 months now. He was an idiot before i met him where he got beaten up and then went back and beat them up but caused serious damage. He denyed it and has now been charged having got the evidence required, they was going to charge him either way apparantly.
It is his first offence, he has a full time job and recently moved into flat with me. He goes to magistrates court this month, can anyone give me any advice on how i can support him?

[bednobs]

Tbh i wouldn't think about supporting him, rather how you are going to cope with bills/rent when he is in prison. And whether you want to be with someone who is banged up for a long time. And whether you want to be with someone who intends to hurt someone so badly he gets done for GBH then lies about it

[cupcakes]

I have a non-judgemental attitude and believe that people make mistakes. I understand your comments and if this had occured when we was together i certainly would not be supporting him now due to his lack of consideration towards me. I just want to be able to give him advice that will help him in court that proves that he has changed and that prison is not the answer all the time, it can cause break down in relationships, unemployment, homelessness.
If he is not motivated to take the advice then yes maybe he has not changed but i got good feeling that he has generally changed.

[Nhozu]

there is not much you can do besides support him. depending on his offence he might be facing prison, but unlikely if it his first offence.

[cupcakes]

Thank you for your comments! Ya a star :)
I have just found out the charges are GBH with Intent and ABH. His Solictor did not turn up today? He goes to Magistrates this month. Should he see his solictor before magistrates or wait till then? Does he need character references for magistrates court? and who can do the references? I see alot of posts on here are like the above and it does not appear there is ever good news ;( I think that is what i am searching for.

[mizi]

Hi cupcake,my husband was on a charge of gbh with intent,he was in a fight and was getting beaten up badly,he turned on the man and beat him within an inch of his life.My husband is known as the gentle giant but he fought back in self defence.He waited 17mths to go to crown court but was found not guilty.All you can do is stand by him and show him how much you care

[Buenchico]

(2-part post):

The magistrates' court hearing will be little more than a formality. ABH is an 'either way' offence, which can be heard either in a magistrates' court or before the Crown court. However, GBH is 'indictable only', which means that it must be dealt with in the Crown court.

The first magistrate's court hearing will simply listen to the charges and formally recognise that one of the charges is beyond its jurisdiction. The magistrates will then set a date for the 'committal hearing' (which will be several weeks into the future) and adjourn the case until then. The only other thing the court will do is to consider your boyfriend's application for bail. GBH with intent is a very serious charge and many (possibly most) defendants would be remanded into custody at this stage of the proceedings. Your boyfriend's previous good conduct might well keep him out of prison, for the time being, but it would still be advisable for your boyfriend to pack a bag.

The 'committal hearing' will also be in the magistrates' court. It's simply a formality which is required in order to send the case to the Crown court. If your boyfriend has been given bail, it's almost certain that this would continue. However, if he'd been 'banged up', his solicitor could try again to get him released on bail.

[Buenchico]

It might be a few months after committal before the case actually reaches the Crown Court. This will be a 'pleas and directions' hearing (although there might be one or two administrative hearings before this). If your boyfriend pleads 'not guilty' a trial date will be set (or, at least, the initial stages of getting a trial under way will be started). If he pleads 'guilty', a date will be set for sentencing. Once again, there may be a delay of several months before anything actually happens.

GBH with intent is regarded by the courts as roughly akin to 'attempted murder' and carries the same maximum penalty (life imprisonment). Even for a first time offender, it's extremely unlikely that a non-custodial sentence would be passed. You've not provided details of the actual assault but the minimum range of sentences for a first time offender convicted after a trial is 3 to 5 years imprisonment. However, your post suggests an element of pre-meditation which increases the range to 4 to 6 years. (In the most serious cases, the guideline range is 10 to 16 years).

If your boyfriend pleads guilty, there will be a reduction in the sentence but I'd still expect (depending upon the severity of the assault) a sentence of at least 2� years, with somewhere around 4 or 5 years being more likely.

You can read the guidelines that the judges will use, here:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 13 of that document).

Chris

[cupcakes]

Thank you sooooooooo much, when i have more detail i will pass this on but this is difficult for him and i think he reserves detail for me. I cant work out if it was bad or if it is the fear that is bad. Thank you lots N lots, I feel like an expert on the subject now from going from not knowing anything about it. In the line of work i do i thought people got away with to much- esp re- offenders. I really do hope that they give a first time offender a second chance or ruining their lifes can cause re-offending- I have seen many going to prison with no drug habit then come out with one, fear of what is on the otherside or whats NOT???

[New Judge]

Just a technicality, Chris, but I don't think committal hearings are held in magistrates' courts for indictable only offences.

I believe that no plea is taken (or indeed asked for) and the defendant is simply "sent" to the Crown Court at the first hearing. The mags then have no further dealings.

A committal (for an either-way offence) usually takes up to eight weeks (because the prosecution has to prepare committal papers) and "sending" to the Crown Court negates the need for this.

I might be wrong (perhaps you'd check it out for me!) but if I'm correct cupcakes's bf will have less time to wait before seeing the judge.

[cupcakes]

You lot are total stars!!! This website is toatlly amazing. My Boyfriend had injurys but he denyed all acknowledgement at the police station and has continued to do so, they charged him last Sunday and it has been on his mind as he is so frustrated that he had been an idiot before he met me and now he has so much to lose. Due to this worry I have not asked him to many questions as i dont know if him talking about it will make it worse for him as he is so worried, Thank you All, as i find out more i will keep updating!!!

[quinnton]

My brother was same situation gbh with intent and my sister inlaw wrote a lovely letter to the judge to say how he is turning his life around ect really lay it on he mite get lighter sentence does indeed help

[cupcakes]

The charges have been dropped to affray. The friend was recently murdered and my boyfriend will find out in the next 3 weeks the out come of his case.
He has had alot to deal with i hope it is not prison.