Quizzes & Puzzles5 mins ago
gbh with intent
28 Answers
Hi, basically i was out drinking with a friend on friday night and a lad started mocking my friend and kept on, i lost control of my emotions and smashed my glass in his face...dispicable i know and i will do the time for my mistake. I am not that type of person, i have no previous history of violence and i work hard as a qualified electrician. I have a loving family and good friends and i am highly regarded as a nice person. It was a massive drunken mistake. I woud like to know whether i have grounds to defend myself on. I am definatley not the type to go out looking for trouble and i wasnt that night. Will the court take this into account? how long do you think i will go to prison for? The CCTV evidence shows no actual threat from the lad who was on his own and very drunk.
The lad was left with serious cuts to his face needing approx 20 stitches and a damaged artery in his forehead.
The lad was left with serious cuts to his face needing approx 20 stitches and a damaged artery in his forehead.
Answers
Best Answer
No best answer has yet been selected by bevvyboy2008. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.From what you say, there dosnet seem to be any room for you to plead "not guilty" and have a defence, but i am no lwyer or solicitor, so it would be much better to get yourself representation. from picking up on previos answers on here, the fact you used a weapon will have a detrimental affect on sentance, and if your solicitor can somehow get the charged dropped to the lower "without intent" , you are likely to go to prison for at least a couple of years.
However, i am sure that someone will be along shortly to give you a better answer than this. i fel sorry for the situation you've found yourself in, and wanted to let you know i have read your post
However, i am sure that someone will be along shortly to give you a better answer than this. i fel sorry for the situation you've found yourself in, and wanted to let you know i have read your post
http://www.theanswerbank.co.uk/Law/Criminal/Qu estion621978.html
look at chris's answer here
look at chris's answer here
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At the end of the day, there were two choices - glass the guy or dont glass the guy!
I know that its not something that i would ever do....and i can get a little too heated sometimes....but i'd never even consider doing something as callous as that.
Sure, it's a sh*t situation to be in, but think of the victim....disfigured for life, just for a bit of drunken baiting.
There was a similar incident with a friend's sister a few years ago.....she got sent down for, i think, about two years.
I know that its not something that i would ever do....and i can get a little too heated sometimes....but i'd never even consider doing something as callous as that.
Sure, it's a sh*t situation to be in, but think of the victim....disfigured for life, just for a bit of drunken baiting.
There was a similar incident with a friend's sister a few years ago.....she got sent down for, i think, about two years.
Again I am only a law student. So my real advice would be to get legal assistance. However how long you go to prison for would depend on whether you had section 18 or 20 on your indictment. GBH is much simpler to prove as GBH with intent needs the prosection to prove your specific intent to commit GBH not simply another form of assult. Obviously hitting someone in the face with a glass makes their cases a little easier. The average is 50 months imprisonment for GBH with intent whilst the maximum sentence for GBH alone is 7 years.
This is no substitute for sound legal advice. You would be surprised the impact that a good barrister can have on a case.
This is no substitute for sound legal advice. You would be surprised the impact that a good barrister can have on a case.
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Prior to the publication of new definitive guidelines relating to assault, judges were given this instruction:
"A sentence of 3 years� imprisonment should be regarded as a normal sentence for a deliberate wounding in which a broken glass or bottle is used as a weapon, in the absence of exceptional circumstances, even where there is a plea of guilty".
Source:
http://www.sentencing-guidelines.gov.uk/guidel ines/other/courtappeal/default.asp?T=Cases&cat ID=3&subject=WOUNDING%20/%20CAUSING%20GRIEVOUS %20BODILY%20HARM%20WITH%20INTENT
From the 3rd of March this year, new sentencing guidelines came into effect. The 'starting point' for a sentencing a first time offender, convicted after a trial, is now 5 years imprisonment, with a recommended sentencing range of 4 to 6 years. However, an offender who pleads guilty at an early stage can expect a 'discount' from the sentence which would be received after a trial.
Source: See page 13 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
Putting those two references together suggests a sentence of between 3 and 4 years imprisonment.
Chris
"A sentence of 3 years� imprisonment should be regarded as a normal sentence for a deliberate wounding in which a broken glass or bottle is used as a weapon, in the absence of exceptional circumstances, even where there is a plea of guilty".
Source:
http://www.sentencing-guidelines.gov.uk/guidel ines/other/courtappeal/default.asp?T=Cases&cat ID=3&subject=WOUNDING%20/%20CAUSING%20GRIEVOUS %20BODILY%20HARM%20WITH%20INTENT
From the 3rd of March this year, new sentencing guidelines came into effect. The 'starting point' for a sentencing a first time offender, convicted after a trial, is now 5 years imprisonment, with a recommended sentencing range of 4 to 6 years. However, an offender who pleads guilty at an early stage can expect a 'discount' from the sentence which would be received after a trial.
Source: See page 13 of this document:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
Putting those two references together suggests a sentence of between 3 and 4 years imprisonment.
Chris
My daughters fiance was glassed last year. He was just at the bar having a drink while my daughter danced. Some lad who he vaguely knew tried to start a fight and the bouncers pulled him away, so his mate went and picked up a glass, broke it and smashed it in his face. This was my daughters first night out in months because she had been helping me look after my mum who was dying of cancer, she was hysterical cos of some maniac. The glass just missed his eye. The court case is next week and I hope they throw the book at him.......and you.
My god - a damaged artery, and 20 stitches, which'll leave a hideous scar!
I don't care what punishment you get, as long as it's a harsh one. I suggest you stop drinking to the extent you do, and learn to control your behaviour.
I'm sure that in the light of day, you're feeling remorseful - because of your impending court appearance. I've seen no words to express how sorry you are. Most people with any sense would've removed themselves from the situation, end of.
I don't care what punishment you get, as long as it's a harsh one. I suggest you stop drinking to the extent you do, and learn to control your behaviour.
I'm sure that in the light of day, you're feeling remorseful - because of your impending court appearance. I've seen no words to express how sorry you are. Most people with any sense would've removed themselves from the situation, end of.
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