What Is The Likelihood Of My Friend Receiving A Custodial Sentence For Section 20 Gbh?

[dylanderson95]

This case is being handled by the Crown Court (England).

First off, my friend has a long history of mental illness. He is very depressed/suicidal and was properly diagnosed with Antisocial Personality Disorder last year and is currently on an antidepressant and an antipsychotic.

In the summer of 2014, my friend commited 2 criminal damage charges and 5 assault/battery charges (he got into a disagreement with his mother and showed up to her house, damaged her fence, broke her window, entered the home and hit 3 different people in the home at the time). He was set to attend the Magistrates Court for these charges.

My friend was very afraid, prior to this hearing, that he would receive a custodial sentence and, with his mental condition at this time, decided he would rather die than go to prison. He removed a Stanley craft blade from the actual knife and hid it in a Rizla rolling papers packet in order for it to hopefully go unnoticed by security at the Magistrates Court. His intention was, if the judge gave him a custodial sentence, to slash his throat while in the dock. He had absolutely no intention whatsoever of injuring anyone else in the room other than himself.

In the days leading up to the hearing, my friend's mother became aware that he was making suicidal comments about going to prison so on the day of the hearing, she called the Magistrates Court he was to attend and warned them that my friend had mental issues and had been making concerning comments relating to court and thought he might try to pull something that day. She was ignored.

My friend successfully passed through security with the crafting blade unnoticed in his pocket, entered the courtroom as normal and the hearing began. My friend says, whilst in the dock, there were 2 guards on either side of him. He said he was only aware of these 2 people near him for the entire hearing, no one else.

The judge heard the case. My friend's defense asked the judge to adjourn the hearing as to allow for my friend to receive a proper mental evaluation to be presented in court. The judge said he didn't "see why it was necessary." The judge, behind the scenes, upon deliberation, decided my friend was to receive a custodial sentence of 16 weeks.

Before entering back into the courtroom, the judge notified the 2 guards present that my friend was to be sent to prison and wanted, along with them , for there to be 2 other guards behind my friend and to be sure that my friend did not notice them there. His reasoning for this, which he made clear to the guards, was that he was aware my friend had a violent past with mental issues and wanted extra security to ensure safety in the courtroom.

The judge re-entered the courtroom and the extra 2 guards entered unnoticed to my friend behind him. The judge passed my friend's custodial sentence of 16 weeks. The next events happen within about 3 minutes. The guards, at this point, noticed that my friend had gone very pale upon hearing he was to go to prison and had an eerily calm expression come over his face. The guards, looking between each other before attempting to cuff him, felt that something was going to happen.

Before the guards could get a hold of my friend, he quickly removed the Stanley crafting blade from his pocket, closed his eyes and began to repeatedly slash at his neck. My friend said, at this point, he was trying to position himself in a way to deflect the 2 guards next to him from preventing him from slashing himself. My friend said when he began slashing that he felt like he went into some form of shock and couldn't feel anything, he felt numb.

One of the 2 guards behind my friend, yelled, "He's got a blade!" My friend does not recall hearing this as his was very intent on what he was doing. While my friend was still in the process of slashing himself, the guard behind him sprang forward and placed his hand around his neck. My friend said he did not realize there was a hand around his

[dylanderson95]

neck at this time as he felt numb and his eyes were closed. My friend went to slash himself again but the guard's hand was in the way and he ended up slashing his hand instead.

The guard made it known to the others that he had been cut at this point and they got my friend to the ground. My friend said he didn't know anyone else has been cut until he was on the ground and the guards were yelling for someone to get some towels as my friend and the injured guard were bleeding. My friend, before the paramedics arrived, by the guards' accounts, said to tell the injured guard that he was sorry and didn't mean to do it, he had only wanted to hurt himself.

The injuries my friend sustained required surgery and staples in his neck as the wounds were very deep. The guard's injuries included a deep wound on his thumb and across another finger but the thumb was the most serious. The guard was treated at the hospital for the cuts but I believe about a week later, the tendon in the guard's hand snapped/broke which required surgery. He had several months off work but has been able to return. He says he has lost a lot of feeling in the injured thumb.

3 out of 5 witnesses in the incident said they don't believe my friend cut the guard on purpose and 2 said they believe he did.

My friend served his prison time and upon being released, he was arrested and charged with Section 20 GBH. He attended the Magistrates Court for it where it was sent to the Crown Court. He has pleaded not guilty. His trial is next month (February).

The main issue in the case has been stated as whether or not my friend is at fault out of recklessness or if it was just an accident. My friend has been to a plea hearing and a preliminary hearing at the Crown Court for his charge and both judges both times, along with 2 barristers, said they don't think it likely that he will be found guilty.

What do you think they likelihood is of my friend receiving a custodial sentence from this? Are there any other options other than a custodial sentence that are likely? Thank you.

[woofgang]

There is something odd about your question actually many things....how do you know what the guards noticed or what they felt? How do you know what the witnesses thought? If this is for a story then please say so. With his mental health issues, why was it prison and not secure psych unit, How do you know what the judge said to the guards? Too many holes here.

[dylanderson95]

My friend has recieved a witness account packet from the case to prepare him for court and it shows what people were feeling/thinking etc. during this event.

[Peter Pedant]

no there is nothing kinda hinky about this story
I could believe it

He has a lawyer - the lawyer will have already noticed that there is no intention to injure the guard nor is it foreseeable on slashing your own throat
[ most people look at blood and think I wont go near THAT ! I might get something ]
go for a jury trial and see what happens

sorry this has happened
glad it is not you ( you are far too articulate )
dramatic actions ( slashing throat in front of scared judge ) may have dramatic remedies ( prison ) whcih I shppose IS foreseeable

there is something called constructive intent - where the intention to injure oneself is construed as an intent to hurt anyone ( the P.O.)
but that is what you pay criminal lawyers to argue in front of the trial judge and not us. I really dont know if that one will get up and run

[Peter Pedant]

o sorry reckless intent

it has to be foreseeable OR foreseeable to reasonable people
( R v Adomako )
honestly this is high powered criminal law - which I dont do but I know it when I see it -
[ you cant do something really dumb and say I didnt think of that if a reasonable person would- I dont think we are up to this here ]

There is no intention to slash s/o else as he was facing the judge
and he didnt slash the P.O the P.O.'s hand sort of got in the way ( unforeseeably )

this is a matter for the defence lawyer - I assume he isnt going into the dock with only his mum and his dog as company

[EDDIE51]

A section 20 is more usually a non custodial sentence. The problem will be that places in secure mental health units are very few and the Court may have no alternative but to send him to jail if they decide on a custodial sentence.
Is your friend getting treatment for his mental health problems? If he is he needs to get his doctors to talk to the court. If not he needs to get in touch with the mental health team urgently and get them on his side.

[dylanderson95]

My friend is currently being treated for mental issues and has been constantly for the past year. He's been to a psychiatrist recently that's writing a report on my friend's mental condition so it should be a great help in his defense.

[bednobs]

i wonder if the fact that the injured party was a police officer in hte course of his duty will push the sentence up (if he is found gulty of course)

[EDDIE51]

Good, the report from the psychiatrist will be crucial in the sentence decision.
Hopefully he will receive treatment rather than punishment.