am i looking at custodial sentence

[chris9370]

Hi all ive just joined in the hope that someone may be able to offer me any advice on my current situation, my girlfriend and i went out for a load of drinks and a meal a couple of weeks ago, we had a small argument at home that escalated, in the end i slammed one of the interior doors and the wooden panel came out ,she tried to phone the police but i pulled the plug out the wall knowing i could fix it in about 5 mins, she was totally drunk as she had been drinking gin all night compared to my lager, she flipped at this point and started punching me 5 or 6 times to the face and head (which she admits in her statement to police) ,ive gone and given her a good shove to get her off me and shes gone down and bashed her face on the unit corner she has then run out the house to next door neighbour to phone police and ive got out of there, anyway it was freezing cold that night and ive gone back to the house to get a sleeping bag and coat and see blood in the hallway but then leave and sleep rough, i hand myself in at the police station next morning and im being charged with section 18 gbh with intent as she has said that i bit her on the lip and she has required surgery ,how extensive i dont know but probably stitches i would imagine? i was bailed at the magistrates and now have to appear in crown court, the girl in question is already on antidepressants and this coupled with the drink just makes her go crazy on times ,im no angel dont get me wrong but having read some of the section 18 cases on here their going on about people being stabbed and beaten with bats! it was nothing like that, your thoughts would be much appreciated, thanks

[chris9370]

thank you eddie, does the fact that im in the forces and have been for 12 yrs add any weight to me avoiding a custodial sentence so obviously in stable employment, im also of previous good character and not a scumbag, also i was assaulted first im not sure why shes claiming that i had bitten her but the bite is on her lip and the only thing im thinking is she did that herself when shes gone over albeit with a push from myself

[sara3]

another one for Graham and the Aftercare Team..

[chris9370]

whos graham and the aftercare team?

[chris9370]

thanks again eddie, and yes i have representation already, i couldnt believe it was section 18 myself especially as you say its for people using weapons and battering people or stabbing them! thanks again

[joeluke]

chris9370.....you're a man aren't you? Even if a girl IS hitting you you should be able to show restraint, especially as you say you are in the forces

Perhaps if you had you wouldn't be up on this charge

[chris9370]

look im not trying to condone whats happened ,i understand it could have been very different had i left but it was an accident and both of us were very drunk indeed

[Buenchico]

To see the difference between 'ABH', 'GBH' and 'GBH with intent', read through paragraphs 45 to 67 here:
http://www.cps.gov.uk...he_person/#P189_14382
You might then have a better understanding of the chances of getting the charge reduced.

Unless there are genuinely exceptional circumstances (which a judge must explain in open court), judges must sentence within the guidelines shown in this document:
http://www.sentencing...person_accessible.pdf
See the tables on pages 13, 15 & 17.

However the sentences shown there refer to a fist-time offender who is convicted after a trial. Previous convictions (particularly for violence) can push the sentencing range higher, whereas an early guilty plea can see the sentence cut by one third.

If you're convicted under Section 18, the MINIMUM sentence would normally be one of TWO YEARS imprisonment (i.e. 3 years less one third for an early guilty plea) of which one year would actually be spent 'inside'.

Chris

[Dris]

Now if is that was a woman posting this there wouldnt be snide comments......
EDDIE has given you good advice chris and I wish you well as I have been that woman i'm ashamed to say...
There was no excuse for my behaviour at all BUT I knew the Police would believe me and out of spite I have had my husband banged up in the cells.
I am thorougly ashamed of my behaviour in the cold light of day but I have to say that the Police have to be more unbiased-woman can work them like good 'uns and I wonder how many decent fellas have been in your postition.
(I'll get slated for this but sometimes you have to be true to yourself) The charge against him was dropped and im lucky they didnt bang me up to be honest.He had one previous against me -not a secret and he deserved the fine he got but I played on that out badness..I havent since.

[joeluke]

Eddie51, I DID give him advice

To show restraint in future

[Dris]

Thank you 2sp -I had to let people see the other side of the coin.My husband did nothing to me apart from trying to restrain me as I was going in for the kill :(
A man restraining a 'feral' woman is still seen as being abusive.
Its not right :(

[eyethenkyew]

chris,

Absolutely nobody on here can guess what might happen. Put it this way, S18 is the most serious of the assault categories, but to get charged with that you would have at least needed to have broken some of her bones, and/or inflicted very serious hospitalising injuries. You haven't actually spelled out what the injuries amounted to, so it's even more difficult to hazard a guess?

You were presumably interviewed at a Police Station in the presence of a solicitor once you were sober? What did s/he advise you to say/do? S/he would also expect you to plead not guilty according to your version of events, i.e. you're claiming that you acted in self defence? Given that she hit you as well, 5 or 6 times, any visible injuries you had would have had to have been noted on your custody record which could be disclosed as an exhibit?

In the absence of any independent witnesses, the Court would have to be satisfied of a lot of things before convicting you of such a serious offence as S18 GBH. You must be represented by a solicitor/barrister for such a charge and you ought to be consulting the solicitor asap for advice. It would not be unknown for such and offence to be reduced even down as far as ABH if the CPS doesn't have sufficient evidence to prefer the more serious charge. "Plea bargaining" is also very common and is basically used when a defendant is prepared to accept guilt to a lesser charge/offence which does not carry such serious penalty on conviction/indictment.

These are only rough guidelines I've indicated, because none of us here knows the strength of the evidence against you. Get in touch with your solicitor asap.

[chris9370]

thanks eyethenkyou unfortunatly i didnt have a solicitor present at interview but most of my answers were that it didnt happen ,even when they read the part about her punching me and them pointing out the fact i had a swolen face and scratches around my face i said that she hadnt done it even though in her statement she admits this, i just didnt want her to get into trouble, i suppose at the end of the day shes admitted it there but im due in court on tuesday and im certainly not going to plead guilty especially to section 18 ,she did as i understand have to attend hospital i think for surgery on her lip and no there was nobody else present there at the house