Charged With 1 Count Of Gbh Section 18 And One Count Of Abh What Is A Liekly Sentence??

[tisha21]

The person who committed the crime has one previous conviction for common assault and was sentenced to 120 hours community service, one years probation and a 4 month prison sentence suspended for 2 years.

He has been charged with one count of GBH section 20 and one count of ABH for having a fight with two people after a night out. he was drunk. One of the people suffered a broken jaw which required surgery to wire it shut and facial cuts and bruises. This is the GBH with intent.

The other person received facial bruises/scratches etc. This is the ABH.

What is the likelyhood the section 18 will be changed to a section 20 and also what is the likely sentence if it is custodial?

Thanks in advance.

[tisha21]

Also he is being tried at the magistrates.

[bednobs]

are you sure the magistrates aren't going to send it to crown court/

[Orderlimit]

Hi tisha

You will need to confirm whether the charges are Sec 18 (GBH with intent) or the Sec 20 (GBH / Wounding). Sec 18 GBH is an indictable only offence and can only be tried in Crown court

[tisha21]

It is a section 18 gbh with intent and 1 count of any. He has been referred to the magistates court although I think the magistrates will just refer it to crown court.

[tisha21]

**abh

[EDDIE51]

GBH Section 18 is very serious it is always a prison sentence .
The magistrate will send it to Crown court.
With your friends 'previous' and the other charges he / she is NOT going to get the minimum sentence .
I would expect a sentence of at least 3 years , probably more. It could easily be 5 years.

[Orderlimit]

If he has been charged with a Sec 18, and bailed for first court appearance at Magistrates court then this will be a committal hearing (to refer the case to the Crown).

Plea bargaining is 'possible' to reduce the S18 to a S20, but depends on many factors.

I'm afraid, as mentioned, a custodial sentence can not be discounted (even in today's lenient sentencing), if found guilty.

[Orderlimit]

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

http://sentencingcouncil.judiciary.gov.uk/docs/Reduction_in_Sentence_for_a_Guilty_Plea_-Revised_2007.pdf

[Orderlimit]

Sorry forgot to mention, there is also the issue of the previous suspended sentence (if still in-force).

[EDDIE51]

Orderlimit , what concerns me in this case is that the assailant has already received a 120 hour community service plus 1 year probation, and a suspended just for common assault ! The assault must have been right at the top of the scale for common assault to get such a sentence.
Now he is facing both S18 & ABH .
This is definitely a custodial and I would be astounded if it is less than 3 years. My bet would be 4 to 5 years.

[New Judge]

Just a technicality (most of what needs to be said has already been said). When magistrates deal with an "indictable only" offence (which S18 is) there is no committal hearing. The matter is not committed to the Crown Court but "sent". Committal hearings are only held for "either way" offences (that is, offences which can be dealt with either at the Magistrates' Court or the Crown Court). Indictable only offences are formally "sent" to the Crown Court (usually at the first hearing at the Magistrates' Court) with no delay. Either way offences are "committed" to the Crown Court and the committal hearing may (though usually does not) involve reading through the evidence the prosecution intends to use in the Crown Court.

As I said this is merely a technicality as the effect is the same, but there is a delay involved in either way cases (usually about eight weeks) as papers have to be prepared for the committal.

[Orderlimit]

I agree Eddie, the previous common assault was a higher end sentence and will be an issue in any subsequence convictions for violence. (my previous comment re custodial can not be discounted is due to the current Sentencing Council, who's remit in practice appears to be to slash the prison service budget !!).

Yeap, apologies tisha. New Judge is spot on. Sec 18 is Indictable only offence and along with the ABH charge does not require a committal hearing. (under Sec 51 Crime and Disorder Act http://www.legislation.gov.uk/ukpga/1998/37/section/51).

[Orderlimit]

correct link http://www.legislation.gov.uk/ukpga/1998/37/section/51


*whose remit

[tisha21]

What is the likelyhood of it being changed to a section 20 if he pleads guilty and another point to add is that he is an insulin dependant type 1 diabetic. I have heard of previous cases where defendants have been given non custodial sentences due to medical reasons?

[Orderlimit]

The issue of plea bargaining is very case specific I'm afraid Tisha, the defendant will have to discuss it with whoever is representing him.

[Buenchico]

The level of injuries only determines whether or not an offence is classed as 'GBH' (rather than, say, 'ABH'). Entirely different factors dictate whether 'Section 20' or 'Section 18' is charged. Those factors are indicated here:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a16
If a weapon was used in the attack (which could, for example, include a booted foot), 'Section 18' would almost certainly be upheld.

The offence you refer to is likely to be classed as either 'Category 3' or 'Category 2'. (See Orderlimit's first link, above). If it's Category 3, the previous conviction (plus the new ABH) will push sentencing to the upper limit of 5 years custody, reduced by one third (for an early guilty plea), giving a sentence of 3 years 4 months (of which 1 year 8 months would actually be spent 'inside').

If it's Category 2, a sentence of 7 years, reduced by one third to 4 years 8 months (with 2 years 4 months 'inside') might be appropriate.

Sentences of over 2 years can't be suspended and there are many hundreds of insulin-dependent people in prison. Further, being drunk isn't regarded as a mitigating factor; courts often regard it as an aggravating factor when considering sentencing.

Expect a sentence of around 4 years.

Chris