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How many years can you get for 'GBH with Intent' under Section 18 of the 'Offences against the Person Act 1861'?
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My nephew 17yrs of age, who is autistic and has learning difficulties, was coming out of school during lunch to come home. Just outside the school a man approached him and asked for his mobile phone. My nephew didn't have his phone with him and told him this. My nephew tried to run but tripped over and fell. The man then pulled out a knife and stabbed him 7 times in the chest and stomache. At this point, a couple came out of their house and the man ran off. My nephew also had his hands cut as he was trying to defend himself. he was immediately taken to hospital and suffered a collapsed lung, punctured liver and some internal bleeding. he spent one week in hospital with a drain inside his lung and a drain inside his stomache. He also had 3 keyhole surgery as soon as he arrived in hospial and the cuts in his hands were stitched up. The man was caught the next day and arrested on the grounds of GBH with Intent. He confessed to the attack. The police say they have a very good case against him because he was wandering around near the school during the lunchtime period waiting for vunerable students to come out for their lunch. He has commited a crime before although not as severe as this one. Please can anyone tell me how many years he could possibly face in jail. I hope he gets put away for a very long time.
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As Sweetheart78 states,the maximum sentence is life imprisonment. The actual sentencing guidelines which judges must refer to are on page 13 of this document:
http://sentencingcoun...person_accessible.pdf
It should be noted that the sentences in that document refer to a first-time offender who is convicted after a trial. An early guilty plea can see the sentence cut by one third but previous convictions can push sentencing higher.
It should also be noted that, instead of the sentences imposed there, an 'IPP' (Indeterminate Public Protection) sentence could be passed. It's very similar to a life sentence in that a minimum term is set by the judge. The offender can't be considered for release until that term has expired but there's still no guarantee that he'd be released. (His release would only happen when it was considered safe to let him back on the streets again).
Chris
http://sentencingcoun...person_accessible.pdf
It should be noted that the sentences in that document refer to a first-time offender who is convicted after a trial. An early guilty plea can see the sentence cut by one third but previous convictions can push sentencing higher.
It should also be noted that, instead of the sentences imposed there, an 'IPP' (Indeterminate Public Protection) sentence could be passed. It's very similar to a life sentence in that a minimum term is set by the judge. The offender can't be considered for release until that term has expired but there's still no guarantee that he'd be released. (His release would only happen when it was considered safe to let him back on the streets again).
Chris
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Yes ok I know the jury doesn`t decide the sentence but in the case I was on, although the defendant admitted stabbing his victim there was a few on the jury who didn`t think he intended to cause him harm, even though he stabbed him in the stomach with a large bladed kitchen knife
They was going by the "intent" bit...as in ok he stabbed him but he didn`t "intend" to harm him
Excuse me if this sounds harsh but if you stab someone in the stomach with a 10" kitchen knife and then turn round and say " who`s else wants it" then in my eyes that is intent and they deserve life
But this fooker got the lesser charge and received a 2 year sentence, and after he got let off with the more serious charge of intent, they read out his previous convictions and guess what...knife crime
They was going by the "intent" bit...as in ok he stabbed him but he didn`t "intend" to harm him
Excuse me if this sounds harsh but if you stab someone in the stomach with a 10" kitchen knife and then turn round and say " who`s else wants it" then in my eyes that is intent and they deserve life
But this fooker got the lesser charge and received a 2 year sentence, and after he got let off with the more serious charge of intent, they read out his previous convictions and guess what...knife crime
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