Charged with GBH with intent section 18 - need urgent advice

[alisha_b]

Hi there, i hope you all can help...my friend has been charged with the above and has been found guilty by the Jury and also pleaded guilty.

this all happened whilst she was at home with her 2 little boys, suddenly she had an unexpected person knocking on her. This man asked for yellow pages and she refused to give it to him and she thought it was odd for him to knock on her door at a late time. He then raised his voice she got really scared and try to shut the door but he forced himself through. He went stright through the lounge and grabbed one of her boy, she screamed at him to let go, but he then asked for money. My friend grabbed her purse and with that there was a cricket bat she somehow hit him with that and he fell on the floor. She hit him few times and he had fractured skull. This guy was taken into hosiptal and was in a coma for few weeks. the doctor said he may not survive as he had severe injuries.

My friend was charged for GBH and on bail. She will be sentenced soon. She has no previous conviction, has a good character reference. She works in a school as a teacher, she helps with charities and is a good person. Given all that does she have a change of non-custodial sentence? Her barrister said there is a chance of prison sentence that she needs to prepare. My friends family are devastated and it will ruin her life is she goes in. Her 2 boys are still in a shock of they witness and scared to sleep on their own.

I would be grateful if you can let me know what can happen...will she get a suspended sentence? have there been cases where you can get non-custodial sentence? barrister tried to prove this was a self defence but jury seen the injuries but she was scared as he had her boy.

Please advice?

[B00]

Hmmm, what's that smell.........?

[B00]

Don't think so

[alisha_b]

Can you please advise what can happen to her, will she get a prison sentence?

[B00]

Won't her solicitor have advised her what the outcome might be?

Morecowbell, call me a cynical bag, but something smells iffy about this post. Apologies to Alisha if it is a genuine one, but the cynic in me is saying it aint.

[alisha_b]

Yes she has been to trial and she pleaded guilty because this is what her barrister advised her to do so that she gets lighter sentence. Given of the injuries its a serious offence what she been told. Hr barrister said there is a chance of prison sentence and told her to be prepared.

[B00]

Never said you couldn't answer morecowbell, did i? LOL

And accused already this evening? Blimey, you're doing well, it's only 6.15 ;-)

[Sandy-Wroe]

When someone pleads 'guilty' there is no jury.
No lawyer would advise a guilty plea in the circumstances described here.
If this had happened in the UK it would have been in all the papers.
I don't believe a word of it.

[alisha_b]

Initially she pleaded guilty when this trial happend yes Jury gave their verdict and found her guilty. Sorry i should had been more clear.

[dothawkes31]

I think the term 'unreasonable force' may have come into play here, plus, how come there was a handy chricket bat??? The whole story sounds bizarre!!!! And if it was late at night why were the boys not in bed???? How does the woman know the doctors diagnosis or even that the attacker was in a coma? can you fi9nd a newspaper link as i am sure this will have made at least local headlines. Ok I'll own up, I;'m with B00 on this one.

[dothawkes31]

if she pleaded guilty at the magistrates court then there would not have been a trial anyway, if she pleaded not-guilty then it would hav ebeen sent for trial but if her barrister suggested she plead guilty if the witnesses turned up then she would have alreadyt been senetenced surely

[dothawkes31]

oh and who charged her with GBH??? how does that offence come into it when it was self defence?

[alisha_b]

Because the PC said she could had handed the money and he would have let go off her son and run away. She is on bail because children are involved and she needs to arrange someone to look after her kids. He parents are lielt to do that but she has her own home to sort out and other stuff...

Her barrister advised her to plead guilty because she did not need to hit him with a bat it was not exactly a self defence she was angry for that guy touching her son.

[dothawkes31]

I think you have been misinformed by your friend, don't get involved.

[sara3]

just realised Dot said excatly what I was going to say.

when you plead guilty there is no trial, and therefore no jury. hearings are just for reports and sentencing.