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Son assaulted by his dad - GBH

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madham | 18:49 Thu 21st Jul 2011 | Law
14 Answers
My 15 yr old son was assualted by his dad, leaving him with cuts around his throat, lumps on head where he stamped on him and blood blisters all down one side from punching him while laid up in a ball protecting his face. My Son came back home and woke up feeling too ill for school (which turned into a week because he was too scared to go), took him to the doctors convinced his rib was broken and he was feeling sick, they refered to Social Services, police etc.

His dad is on bail at the minute while its at the CPS, the police has been called twice due to hiom coming to our house and threathening to smash his face in (he is evil) and eventually refered to a multi agency assessment but with no further involvement

His dad has several convictions for ABH common assault while carrying a weapon (scissors) which he cut someones 18" hair off, gbh etc.

I havve never been so scared in my life and this evil pig hopefully will get what he deserves and I'm proud of my Son for doing the statement, standing up to him and seeing Dr at hospital and having pics taken as I was too scared to when he used to beat me when i was with him.

What charge can he expect and sentence, the police have mentioned GBH.
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Sorry the I should have put the police were called twice before this happened which promted the multi agency assessment.
HE should get a very long time if there was any justice in this country, but i expect he will get 10 hrs community service and be refered to a phycologist to help him sort his temper out.
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I really appreciate your support I know what you mean I wish I could sentence him myself.
From your description, it's possible that the charge might only be ABH, rather than GBH.

See paragraph 46 here for a description of the type of injuries which constitute ABH:
http://www.cps.gov.uk...he_person/#P189_14382
Then scroll down to paragraph 55 for a description of GBH injuries:
http://www.cps.gov.uk...he_person/#P189_14382

If your son's injuries were serious enough to constitute GBH, the police and CPS would have to consider whether 'with intent' can be added to the charge. Scroll down to paragraph 65 to see when that would be likely.

The maximum period of imprisonment for both ABH and GBH (without inyent) is 5 years. The maximum period of imprisonment for GBH with intent is life.

The document which judges must refer to, when considering sentence, is here:
http://sentencingcoun...ine_-_Crown_Court.pdf

It's also possible that the court could pass an 'IPP'. (An 'Indeterminate Public Protection Sentence'). That's broadly similar to a life sentence, in that a tariff term is set by the judge but the prisoner can't be released (even when the tariff term has been completed) unless the authorities believe that is safe to do so. (Many prisoners currently remain in jail well beyond the end of the tariff period set in court).

Chris
What did your son say or do to make him so violent? was he drunk?
Question Author
I don't know if this makes a difference with intent but he hit in in one place, threw him in the car and told him he wasn't finished with him and he also said he'd been waiting a long time to treat him like a man which my son told the police. The main attack was secondary at his dads house to the first where he got him round the throat outside his friends.
Question Author
My son went to a gathering at his friends pizza xbox 4 of them and on speaking to his dad to ask him to tell him he'd be 40 mins late and could get a lift or could he pick him up, dad went crazy threatening him so he didn't go home. dad turned up in morning to get him threatened (as had too much to drink to collect him) the household who have made separate complaint. He's not an angel but my son is 6ft2 and didn't even defend himself.
HE's obviously got a screw loose.. I hope he gets what he deserves..
Question Author
Will keep you posted, police say he has to return in 2 weeks and this is second time he's going back so will let you know if they charge him.
Does his dad live with you? Very scary stuff, I hope the police are looking after you, too.
Question Author
I live with my partner of 5 years, who him and my son are like best mates and his dad lives about 14 mile away they've always had a volatile relationship I tried to stop him going but it always backfired on me, so I knew he would make his own mind up not to go.

His dad has a partner with a small child but they don't live with him.
-- answer removed --
Question Author
My Son is under Social Services for the first time and they would need to make and assessment first it he wanted to see him or I could get in trouble.
Question Author
His dad has now been charged weith Section 39 assault, police have been to get some documents signed to get the Drs and Hospital evidence.

What is the sentence likely to be, he has a list a mile long of prevoius convictions and has been in prison once, after we parted.

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