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my 18yr old son has been charged with section 18, what sentence can he expect?
My son was punched in a pub by drunk person who has extensive criminal record and is well known by the police to be part of a violent local gang (he was tagged at time of fight) My son over reacted and hit him over head with bottle he was holding at the time (my son is very ashamed for this, but says he didn't think but reacted) a fist fight followed with other people getting involved. My son sustained injuries to hand requiring surgery, but the other lad unfortunately had a wound in his armpit which nearly lost his life (although it didn't stop him from kicking a police women in the head, who was giving him life saving medical aid) he continued to be very abusive to the paramedics and hospital staff.
My son was with one friend when it happened and has been threatened by gang members to keep out of it or else. (The friend has since been assaulted once and has received death threats and is scared to be a witness for my son) Gang members claim my son initiated the assault by deliberately picking up a bottle, hitting him over the head then stabbing him with the bottle-neck, my son has never been in trouble with police before. My son had no intention of hurting the other boy. The other boy, a white lad had already picked a fight on another black lad the same evening by grabbing him by the throat (this lad has admitted this happening to the police but again is too scared to prosecute). We believe it was a racially motivated attack on my son in the first place. The other lad was shouting many racists remarks heard by the medical staff after the event.
My son is being charged with a section 18. We have been told that despite the witnesses being friends of the other boy their statements are still valid and will probably be believed, as it is effectively my son's word against all of theirs. What likely sentence can we expect and how now will it affect his future?
My son was with one friend when it happened and has been threatened by gang members to keep out of it or else. (The friend has since been assaulted once and has received death threats and is scared to be a witness for my son) Gang members claim my son initiated the assault by deliberately picking up a bottle, hitting him over the head then stabbing him with the bottle-neck, my son has never been in trouble with police before. My son had no intention of hurting the other boy. The other boy, a white lad had already picked a fight on another black lad the same evening by grabbing him by the throat (this lad has admitted this happening to the police but again is too scared to prosecute). We believe it was a racially motivated attack on my son in the first place. The other lad was shouting many racists remarks heard by the medical staff after the event.
My son is being charged with a section 18. We have been told that despite the witnesses being friends of the other boy their statements are still valid and will probably be believed, as it is effectively my son's word against all of theirs. What likely sentence can we expect and how now will it affect his future?
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It seems to me what you have said already, that its your sons word against lots of others. If it goes to crown court, the jury will see the victim without seeing his record. Its a shame your son's friends are not confident enough to make their own statements, because of intimidation. This sadley is the norm amongst young people these days. with the amount of violent crime these days who could blame them. Its easier said than done for tehm to take a stand against thugs. I feel that the best your son can hope for is his previous good character. try to provide his solicitor with character references if you can. These can be from anyone, a church young peoples center, youth club he as attended, any sport affiliation he may have( does he play sport for a local team. anything said from these type off people who run things can only help. If he is found guilty I feel because its hs first offence they will be lenient. It will give him a criminal record though. because its for violence this can restrict him for working with young, eldeley or the vunerable.
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Unlikly he will be given a custodial sentence. probation, suspended sentence . many options for sentencing before a custodial one would be given, but always a chance. no one can predict a judge or a magistrate. his legal represensitive will know best about this. DO not let him go to court without legal representation.
Of course the victim's record would go before the jury. If he has convictions for dishonesty that goes to his credibility as a witness. If he has a violent past , convictions for violence or threats, that is relevant both to his credibility as a witness and to his character as a man who is prepared to use unlawful violence, start fights, cause trouble and assault the innocent. Convictions for racist offences would go to support the belief that the attack was racist. If your son is found guilty that evidence goes to mitigation. In a contested case it goes to explain your son's actions . If your son was simply retaliating or acting in revenge that is not self-defence. However, if, having been assaulted, and/or facing the threat of immediate violence he's entitled to use force which is reasonable and necessary to defend himself (a defence of self-defence). Furthermore. " A person defending himself cannot weigh to a nicety the exact measure of his defensive action......If the jury thought that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary, that would be the most potent evidence that only reasonable defensive action had been taken" [Palmer v R. (1971) , the judgment of Lord Morris ] Your son's account suggests that these words may be pertinent.
Much will depend on the use of the bottle, of course. A lot will depend on the circumstances in which he came to be holding it, and whether his use. of it was premeditated, 'instinctive', or otherwise (as described in the above) or reasonable. The grave consequences to the assailant are not strictly relevant, only the degree of force used by the defendant is.
In short, he needs good legal advice from a lawyer with full access to all the details.
Much will depend on the use of the bottle, of course. A lot will depend on the circumstances in which he came to be holding it, and whether his use. of it was premeditated, 'instinctive', or otherwise (as described in the above) or reasonable. The grave consequences to the assailant are not strictly relevant, only the degree of force used by the defendant is.
In short, he needs good legal advice from a lawyer with full access to all the details.
Judges are obliged to pass sentences within fixed guidelines unless there are genuinely exceptional circumstances (which the judge must explain in open court).
The 'starting point' when sentencing a first-time offender who has been found guilty (after a trial) of a Section 18 offence where the victim "suffered life-threatening injury or particularly grave injury (where the offence was not pre-meditated)" is 8 years imprisonment. Unless genuinely exceptional circumstances apply, the sentence can't be below 7 years or above 10 years.
However an early guilty plea can see the sentence cut by up to one third. So if the judge doesn't see any 'genuinely exceptional circumstances', the lowest sentence that could be passed would be 7 years minus one third = 4 years 8 months. Offenders are usually released half way through their sentence (although, for sentences of over 4 years, that's not always the case), so your son would actually spend 2 years 4 months in prison.
My feeling is though that the judge might well see the circumstances as falling within the 'genuinely exceptional' category, and use the lower sentencing band, which applies where the victim has "suffered a very serious
injury or permanent disfigurement". The 'starting point' is then 5 years, with a 'range' of 4 to 6 years. Taking the lowest possible point of 4 years, and knocking a third off for an early guilty plea, gives a sentence of 2 years 8 months (of which 1 year 4 months would actually be spent 'inside').
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 13)
Chris
The 'starting point' when sentencing a first-time offender who has been found guilty (after a trial) of a Section 18 offence where the victim "suffered life-threatening injury or particularly grave injury (where the offence was not pre-meditated)" is 8 years imprisonment. Unless genuinely exceptional circumstances apply, the sentence can't be below 7 years or above 10 years.
However an early guilty plea can see the sentence cut by up to one third. So if the judge doesn't see any 'genuinely exceptional circumstances', the lowest sentence that could be passed would be 7 years minus one third = 4 years 8 months. Offenders are usually released half way through their sentence (although, for sentences of over 4 years, that's not always the case), so your son would actually spend 2 years 4 months in prison.
My feeling is though that the judge might well see the circumstances as falling within the 'genuinely exceptional' category, and use the lower sentencing band, which applies where the victim has "suffered a very serious
injury or permanent disfigurement". The 'starting point' is then 5 years, with a 'range' of 4 to 6 years. Taking the lowest possible point of 4 years, and knocking a third off for an early guilty plea, gives a sentence of 2 years 8 months (of which 1 year 4 months would actually be spent 'inside').
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 13)
Chris
Thank you to everyone who has kindly taken time to answer my question, it has been very helpful. All that my family can do now is hope that the circumstances surrounding this case properly come to light. On a positive note my family has recieved so much support from friends who are as shocked as I have been with what has happened. And many people who know my son have insisted on giving real heartwarming character references, which has lifted my sons spirits considerably at this very difficult time.
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