GBH Sct 18

[taffy1totty]

I have a friend who is being charged with GBH Section 18. He has been released on bail for 2 months while (i guess) evidence is found, witness looked for etc. He was at a party with friends when an ex friend took him outside and "got up in his face" my friend walked away to leave the situation when the other man hit him on the back of the head, my friend fell, got up and turned round to say what the hell, the other man then head butted him so my friend hit him in the face. The problem in that my friend had a glass in his hand. Which smashed on the other mans face as my friend pushed his face away after being head butted.
Obviously the other man went to the police however has not told the whole truth as to what happened...he's left out the fact that he hit my friend first and also that he head butted my friend, but has said they went outside and had words then my friend smashed the glass in his face.
My friend is not no matter how bad things get the type of person to "smash a glass in someones face" he would def use his fists compared to a weapon. It is just unfortunate that when he fell after being punched first of all that he didnt drop the glass or it didn't break.
The other man has some cuts on his face around his eye from the broken glass, these cuts needed 37 stitches however this was a precaution and to reduce any scaring (due to it bein close to the eye) there is no affect to the eyesight or any other injuries to the other man.
I was just wondering if anyone had any ideas what would be a likely outcome for my friend??? Thanks.

[kinell]

Thats an amusing tall story.

Get a new 'friend' he is an animal and a thick one at that.

With luck he will be caged up for some considerable time.

[sn�gged]

''my friend hit him in the face. The problem in that my friend had a glass in his hand.''

The glass wasn't welded to his hand was it? Sounds intentional to me.

[taffy1totty]

Very worth while comments. (Above) Although if you read correctly i wasn't looking for your comments on the situation just to the question which was does anyone know the likely outcome?
Well unless you have ever been in a situation like that you have no right to make "comments" as you have no idea what you might or might not do....

[percysc]

Does he have any previous?

[jkkerr]

Punched and headbutted, yet he still managed to hold on to his glass? Uh huh.

[jenniprice]

Taffy you dismiss these comments when actually they are answering your question.

No one believes this story about him "unfortunatly" still holding the bottle, sounds like he clung onto it, so I doubt any judge or jury is going to believe it either, so i reckon he'll get a prison sentence.

Also you say people have no idea what you might or might not do, have you considered this about you're friend?
In this situation he may have reacted badly and done it, but now regrets it and is telling lies to get him out of it.

[Buenchico]

Would you like a proper answer to your question?

The guideline 'starting point' when sentencing a 'Section 18' offence, with the circumstances you've described, is 5 years custody, with judges normally expected to pass a sentence in the range of 4 to 6 years. The element of 'provocation' might make the judge want to consider a sentence at the lower end of the range.

However, those sentences refer to first-time offenders who've been convicted after a trial. An early guilty plea would result in a reduction of the sentence but a previous convictions for violence could see it increased.

Based on that lot (and assuming an early gulty plea with a reasonably clean previous record), my guess would be a sentence of between 3� and 5 years imprisonment.

Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 13)

Chris

[cherrypoker]

Hiya Chris!

Hasn't the minimum sentence for a section 18 been increased from a starting point of 6 years to a starting point of 8 years if found guilty by a jury?
Just wondered as that's what i thought.

Thanks,
Trudy!

[jkkerr]

http://www.passiveaggressivenotes.com/

[gelda]

I keep seeing this & quot thing in posts, what does it mean?

[wasp]

Gelda. It occurs when you try to put a quotation into invered
commas. Wierd hey !

[wasp]

Sorry that should read Inverted commas
As in " inverted commas "

[gelda]

Thanks Wasp, tis a bit wierd!

[DLawson]

GBH is a serious offence. It seems the courts have been giving sentences between 3-4yrs for �glassing�. Take a look at http://www.thelawpages.com/sentencing - type in GBH and see what others have received for GBH. He should find a good solicitor who can present mitigation such as the self-defense element, the fact that it is out of character, etc.. so your friend can get the least possible sentence.

[gisborne]

Is it just section 18 or is it section 18 with intent ?