hi im awnsering bail on the 15th novenber for gbh with intent and woundering what im looking at can anyone help ??

[liam1]

hi im awnsering bail on the 15th novenber for gbh with intent and woundering what im looking at can anyone help ??

[AlBags]

Hi
You'll get better help if you outline the story, who was involved .. and expand the details a bit mate.

[sandyRoe]

What did your lawyer say?

[craft1948]

Wounding and GBH is a section 20 offence punishable by up to 25 years.

[dizmouk2009]

Sounds like you shouldn't drop the soap mate. On a more serious note, like AlBags said, you need to give us a few more details.

[craft1948]

Sorry Eddie I have indeed...............

[Buenchico]

If you're answering bail to a police station, rather than to a court, you'll either simply be re-bailed (because the police and CPS need more time) or charged and bailed to appear before the Magistrates Court. When you eventually get there it will only be a procedural hearing because the law obliges the magistrates to pass the case up to the Crown Court. There may also be various procedural matters and adjournments along the way, so it's likely to be next year before anything substantial happens.

When considering sentence for 'GBH with intent' the judge has to take into account both 'harm' and 'culpability'. 'Harm' is determined by the level of the injuries sustained by the victim. If they were only just above the 'ABH' level, 'harm' will be assessed as 'low', but if they were life-threatening (or seriously disfiguring) 'harm' will be assessed as high'.

'Culpability' is determined by such factors as whether the offender deliberately sought out their victim to attack them, carried a knife or operated as part of a gang. (Such factors will push 'culpability into the 'high' category. A simple pub brawl would normally fall into 'low' culpability).

If 'harm' and 'culpability' are both low the judge must work from a 'starting point' sentence of 4 years imprisonment. Unless there are extremely unusual circumstances, he must pass a sentence of between 3 and 5 years.

If either 'harm' or 'culpability' is in the 'high' category, the starting point sentence is 6 years, with a range of 5 to 9 years normally possible.

If both 'harm' and 'culpability' are high, the starting point is 12 years, with a range of 9 to 16 years.

All of the above sentences refer to a first-time offender who is convicted after a trial. An early guilty plea can see sentencing cut by one third. The actual time spent in prison is normally half of the sentence passed although it can up to two thirds of that sentence if the sentence is 4 years or greater.

'Wounding' is only another name for 'GBH'. (It's the same offence and carries the same penalties). Having a 'wounding' charge on top of a 'GBH with intent' charge might not make a great deal of difference, since sentencing is likely to be 'concurrent' but it could make the judge consider a higher sentence for the 'GBH with intent' than he would have done otherwise.

So the lowest penalty you could reasonably hope for would be a sentence of 2 years imprisonment (i.e. 3 years less a third for an early guilty plea), meaning that you'd spend a year 'inside'. However, depending upon the exact circumstances of your offence, you might be 'banged up' for far longer than that.

Chris

[Buenchico]

Eddie wrote:
"The Judge MUST sentence to at least 5 years for a S18 offence"

Perhaps he'd care to read the actual document that judges must consult (and from where my correct figures are taken)?:
http://sentencingcoun...ine_-_Crown_Court.pdf

[bobthefisherman]

Hi Liam,

I take it that you have already been to Crown Court, because of the date you have been given....

What are the actual charges, and what are the conditions of your bail?
ie. - are you bailed to your own address, or a bail hostel?

And as Sandy asks - What has your lawyer said?


(I'm only trying to find out some background info, so I know what best info to give......)

[bobthefisherman]

Chris,

I've just read that out to my father, who is currently staying with me.
He's a retired Justice, and he agrees with everything you said there.
Bob.

[bobthefisherman]

http://www.theanswerb.../Question1060693.html

[liam1]

well basicly there was me and 3 mates up town when a drunken man started on us so i walked away and he followed so i hit him one and broke his cheek bone and smashed his eye socket not beeen to court yet but dedums

[ojread2]

Don't use that attitude to the judge or you will be sentenced to the maximum

You hit a man so hard to broke his cheek bone and smashed his eye socket? What would you expect to happen to someone if they did that to you?

[sandyRoe]

We can see things in an entirely different light now. Plead 'not guilty', explain what happened, and you should walk away from the court with your unblemished record intact.

[craft1948]

So 1 drunk picked on you and 3 mates?

[sandyRoe]

Do you think the drunk will have learned his lesson?

[Nosha123]

a drunk bloke 'started' on you...
To what detail?
Any physical contact or just drunken talk?
ANy threats?
Sounds like you may have over reacted somewhat unless he was being very threatening and violent towards you.. You hit him first and very hard. You could have killed him!