What Is The Likely Outcome If Found Guilty For Section 18?

[Alienxoxox]

Hi

My partner has recently been charged with Section 18 wounding with intent and I would like to know what to expect. At the moment he is is on Bail until he has to go to Magistrates Court but I expect it will be dealt with in the Crown Court.

A few months ago my partner was on a night out with some friends, they had alot to drink and I believe drugs were involved too. His close friend had a few too many and was asked to leave the bar they were in for upsetting a member of staff and being aggressive. My partner stayed out for a while longer and then decided to call his friend to see if he was ok. His friend did not answer the phone so my partner popped by his flat on the way home. His friend did not answer the door. My partner opened the door and went in to see he was ok (my partner often let himself in which was always ok with his friend) His friend was asleep on the bed fully clothed with the lights on. My partner attempted to wake him which was when his friend jumped up in shock and pulled a Stanley knife from under the pillow and began waving it about. My partner tried to calm the situation down but he said it was like his friend didnt know who he was and was completely out of it. My partner tried to get the knife off him but in the scuffle his friend grabbed it back and cut his hand quite badly. His friend had to go to hospital and have surgery and stitches. The police arrested my partner the same night.

My partner and his friend have since fallen out as his friend needed time off work and constantly harassed my partner for money (which I thought was fair enough for his loss of earnings) but then he began demanding £6000.00 as he was told he could claim that in compensation. My partner refused to pay up and because of this his friend went to the police and made a statement against my partner making up a fake story. Funnily enough though at the time he said he was too out of it to remember what actually happened. I think his friend felt bad because he and retracted his statement soon after and said he would not attend Court. It was too little too late and now the police are continuing with the evidence they have such as blood stained clothes, the knife with finger prints and a medical report confirming his friends injuries. He has been charged with Section 18.

My partner unfortunately has previous from his younger days and has been charged with ABH and Common Assult before :(

Could anyone advise me what to expect as I am very worried at the moment.

Thanks

[Orderlimit]

Current guidelines ref Assaults:-

http://sentencingcouncil.judiciary.gov.uk/docs/Assault_definitive_guideline_-_Crown_Court.pdf

[kerryjohn1980]

hi alien the same as happened to me ive just been arrested for gbh with intent or with out i dont realy know but the charge gbh is a bad one anyway and 9 times out of 10 ppl go to jail for it ive been in and out of jail now for 10yrs all in all but the good thing that goes well for u bf is that it was to do with drink as drink as a big part in you case the barrister will dig at that was you drunk if you was drunk u dont know what you doing i dont drink so i cant use that one but that is both ways mind not just on u bf side tell him go not gulity and leve him come to court and give is everdance cos 9 times out of 10 that drunken night ppl cant remember the whole night and half the storey is no good do u get what im saying its either the full storey or none well anyway i just read all the storey that you put up just now tell you bf do not go guilty on this the police can take it on yeah and it will get all the way to trial but wen it comes to giveing everdance if the guy is not going to court for defo then thay want have a case to carryon plz beleve me now you bf will not go down so dont be going guilty as the witness is not going to court but that you need to know for a fact if hes not u bf gt nothing to worry about by the sounds of it anyway he got nting to worry about but even better if hes not going to court plz tell him dont go gulity now thay havent gt a case with out the witness yeah it will go all the way to trial but thats the last then no witness no case i hope thios was help full for you

[New Judge]

If your partner's lawyer has any sense (which I'm sure he or she has) then (s)he will steer well clear of the "I woz drunk and didn't know what I was doing" routine as suggested by kerryjohn. The fact that he may not be able to recall what happened does not mean that nobody else does and courts usually view drunkeness as an aggravating feature when considering offences involving violence.

[Alienxoxox]

Thanks for your replies.

As my partners friend made a statement and then retracted it is it possible for this to be used as evidence or referred to in Court? Do you think it would help if the Manager from the bar came forward to confirm what sort of state my partners friend was in?

I understand that each case is different and I have been going through the guidelines for Section 18 but its very difficult to understand what category this case will fall under. I am going through the various categories and trying to place my partner in 1 of them. As alcohol and drugs were involved does this increase the seriousness of the crime? Will the Judge be looking at previous and if so do they go back 10+ years?

Thanks for your advice and help.

[New Judge]

so basically, then prince, only prosecutions for offences under Common Law are valid. Is that what you're saying? All prosecutions brought under statute are invalid because they are "only" Acts of Parliament. Or have I got something wrong here? If not, perhaps you might explain how the countless successful prosecutions brought under statutory law have not all been overturned on appeal.

[Alienxoxox]

New Judge - If my partner pleads not guilty and it goes to Crown Court with a Judge & Jury do they look at previous convictions and criminal records? Also if the witness refuses to attend Court what can the Prosecution use to charge my partner. Thanks for your reply I have found it very helpful.

Princemac - Thanks for your reply. Once he has been charged how can your advise about Common Law change things? Will the Police take any notice if you call them?

[Alienxoxox]

Sorry advice*

[jim360]

Oh go on, what's common law then.

[EDDIE51]

The 'previous' will be taken into account and yes they can go back any number of years . Offences committed while under 16 may be ignored though.
Section 18 can only be tried at Crown court so the magistrate will just send the case straight to Crown.
S18 is always a prison sentence , starting point 3 years .

[princemac]

Alien,what I would advise at this late time is ask the police under what common law has he been charged with,remember you are innocent until proven guilty,the police have still got to prove there case and if you sound as if you know what you are talking about may soe some seeds of dout in their minds.Common law means basically no harm,loss or fraud so if you find out they have charged him under some act/statue law inform them that your partner only stands under common law and does not consent to any statue law.Will get you some websites you could visit to give you a better understanding of common law but in the mean time here is an example.I do not pay a television lience as by law I don't have to,but what about the 2000 television act I hear you all cry,yes,what about it,its an act not a law,i live by the law of the land(common law) and do not consent to these statues.You can youtube people using common law to avoid paying there licence,one clip shows three men from the BBC,and a policeman with a warrant.The householder sends the lot packing just by not consenting to an act of parliament,if these where laws why are they not called laws of parliament,think about it.You could also ask the police was the arresting officer on his oath at the time of arrest as this oath requires him to uphold common law.Another angle I would try is visit Dunn and Bradstreet,click on company search and type in the name of your police force and you will find they are a registered company/corporation and as such that is there legal postion,they have as much right to arrest your partner as an employor from starbucks has.You will have to pay £15 for a company file but once you get it do as many copies as you can and take one in to the said police force to see their reaction,i always carry some in my car aswell.Will get you that info within the next few days.

[Mamyalynne]

hmmmmm

[SirOracle]

Mamya I think your Hmmmmmm is the understatement of the year.

I have seldom read such utter drivel as that written by princemac. I only hope that Alienxoxox completely ignores such utter rubbish.

[Mojo-Jo-Jo]

Personally Alienxoxox, I would not be taking advice for something this serious from a person with such terrible written English skills, but that's just me.
The experts on here are newjudge and Eddie so far. I would listen to them if I were you.

[New Judge]

Yes I won’t get into further debate with princemac. Suffice to say that over a number of years I have seen many lawyers (solicitors, barristers and QCs) defending their clients against prosecutions brought under statue. Of course they need not have bothered preparing carefully considered defences against the charges laid. All they need have done is announced to the court that their client had not been charged under Common Law, that the prosecution was therefore invalid and walked him out of the dock into the sunset !

Back to more sensible matters, alien, unless the judge admits evidence of “bad character” the jury will not hear of his previous record. Only if he is convicted will the court hear of his previous and the judge will take this into account when sentencing. If a witness refuses to attend court generally his evidence cannot be used without the consent of the defence.

[New Judge]

I would ask what substance it is that you're on, prince, but, as you say, a slanging match is not helpful and anyway I'm too polite!

[jim360]

You still haven't answered the question, what is common law?