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Convicted of GBH Sec 18 but on bail
How can a guy convicted of GBH Sec 18 be released on bail awaiting sentencing?
He pleaded not guilty but was found guilty. He went for sentencing and it was postponed whilst he has a logged appeal.
The guy nearly killed somene by stamping on his face!
He pleaded not guilty but was found guilty. He went for sentencing and it was postponed whilst he has a logged appeal.
The guy nearly killed somene by stamping on his face!
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For more on marking an answer as the "Best Answer", please visit our FAQ.Since he has lodged an appeal there is a possibility his conviction may be quashed. However, at present he has been convicted and technically is guilty. It is at the judge’s discretion that sentencing has been deferred and, since he has been convicted, it is also that same discretion which has allowed him bail.
The basis for deciding bail pre-conviction is that generally bail should be allowed unless there is evidence to convince the judge (or magistrates) that the accused will (a) abscond from the proceedings (b) commit further offences or (c) interfere with justice. If there is no evidence to suggest that any of these are likely then bail should be allowed. I imagine the judge has used the same criteria when deciding on bail in this case.
The basis for deciding bail pre-conviction is that generally bail should be allowed unless there is evidence to convince the judge (or magistrates) that the accused will (a) abscond from the proceedings (b) commit further offences or (c) interfere with justice. If there is no evidence to suggest that any of these are likely then bail should be allowed. I imagine the judge has used the same criteria when deciding on bail in this case.
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