Been charged with GBH Section 20 am I looking at a custodial ?

[hendy1992]

Hello,
I am 18 years old and have recently been arrested and charged with gbh section 20 wounding without intent. Basically what happened was, on a night out I saw some of my friends and they was out with someone they worked with. Anyway one of the lads who was about 21 was winding me up all night calling me all the names under the sun and basically trying to get me to fight him, his attempts to wind me up and the stuff he said to me has all been wrote down by witnesses in there statements. Anyway towards the end of the night after he had been goading me for hours I finally bit and we had an arguement, during the arguement he punched me and then we came together sort of grappling and the allegation is that during this brawl I bit his ear lobe off. I have no previous for violence and only have one caution for something to do with a car. I have previously been nominated for a teenage hero award for saving someones life. I am currently working full time and have been accepted to uni to start sep 2012. My question is am I looking at a custodial and if not what sort of scentance am i looking at ?

[factor-fiction]

I assume then that you were never charged in this case from 2009?
http://www.theanswerb...w/Question795541.html

Did you bite his ear lobe off accidentally or are you saying you didn't bite it?

[hendy1992]

No the lads in 2009 admitted what they had done in the end.

I'm not saying I never bit it but it was never my intention to go out and bite him it just sort of happened, i pretty annoyed tbh because the lad has said he started on me and even admitted punching me first, he just unprovoked picked a fight with me

[AlBags]

If your above account is true .. and accepted by the court .. there are no 'bad' witnesses .. and you have someone to stand up for your good character .. you won't go inside for that.
Some sort of electronic monitoring .. and/or community service maybe?

I'm not qualified to quote (as many are not) .. just look at things realistically.

[hendy1992]

well the witnesses are all his friends and there statements say he was calling me a fat this and a fat that then i tried walking off he carried on abusing me i turned around and he punched me then in the scuffle i bit him.

[sandyRoe]

He started it. As they say in Eastenders: 'Was he a bit tasty?'

[Buenchico]

>>>"Section 20 is not normally a prison offence"???

I think not, Eddie. For a 'Category 1' or 'Category 2' Section 20 offence a judge MUST (other than in genuinely exceptional circumstances, which he must explain in open court) impose a custodial sentence. The questioner will have to hope that the judge rates the offence as 'Category 3':
http://sentencingcoun...ine_-_Crown_Court.pdf

Chris

[hendy1992]

his ear lobe was bitten off, would that be cat 2 or cat 3 ?

[Buenchico]

To qualify as 'category 3', both 'harm' and 'culpability' must be assessed as 'low'.

Your account of the events suggests that low culpability is apparent. It's less clear whether the 'harm' factor would be assessed as low. The judge might take the view that that the injury was at the lower end of the scale for those which come under the heading of 'GBH/wounding'. Alternatively he might decide that causing permanent disfigurement should be regarded as 'high' harm. (My guess is that he'd go with the former decision, making the offence 'category 3', but I can't be sure)

[Buenchico]

Eddie:
The sentencing guidelines I've linked to above were published earlier this year but they don't substantially change what went before.

[northernmonkey]

An allegation is 1 thing, but the question most relevant is: Did you bite his ear lobe off/has he any injury to his ear lobe and if so what proof that you inflicted this injury have the police got?

The fact he punched you first will be something that will help your defence as you was defending yourself from him as he will be considered the main aggresor. Apart from his friends have any other witnesses gave statements or has any CCTV been reviewed which shows this incident?

You have got the fact of being a Uni student and no previous convictions that will be very good for the judge to consider should you be found guilty which I can't see happening should your account be true.

Have you been given a court date? What has your solicitor said?

[Michelle142]

hey hendy1992 if you plead not guilty and lose like stated before i would imagine you will go to prison, however if you plead guilty straight away and press charges against him you might get off with a suspended setence or something of that nature.

make sure you press charges against him, as he initiated the fight, that way he will go down as well and it will strengthen your case! one thing is for sure, you're most likely going to end up with a criminal conviction! =[