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Gbh With Intent, Common Assault And Affray. Trial In September.
A friend is going to trial in September charged with the above. He has a previous conviction in 2010 for which he received anger management, 100 hours community service and a 6 month sentence suspended for a year.
In this case it alleged he hit someone over the head with a crate of beer and punched the other in the face.
He admits he punched them both once in self defence but there was no weapon involved. The statements of the witnesses all contradict each other re crate of beer and the barrister thinks this will be thrown out.
Firstly what is the likely sentence for this if found guilty off all charges including section 20?
Secondly what is the likely sentence if found guilty of just the common assault and affray?
He is pleading not guilty to all charges.
Thanks for your help
In this case it alleged he hit someone over the head with a crate of beer and punched the other in the face.
He admits he punched them both once in self defence but there was no weapon involved. The statements of the witnesses all contradict each other re crate of beer and the barrister thinks this will be thrown out.
Firstly what is the likely sentence for this if found guilty off all charges including section 20?
Secondly what is the likely sentence if found guilty of just the common assault and affray?
He is pleading not guilty to all charges.
Thanks for your help
Answers
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For a Section 18 offence the judge must examine both 'harm' and 'culpability', to determine whether they're to be regarded as 'low' or 'high'. If they're both 'low' the minimum sentence is 3 years imprisonment, with a maximum of 5 years. If only one is 'high' the range is 5 years to 9 years. If both are 'high' the range is 9 years to 16 years.
However those sentences apply to a first-time offender who is convicted after a trial. A previous conviction for violence will push the sentencing higher.
See pages 3 to 6 here to read exactly what the judge is obliged to read:
http://
A GBH charge (irrespective of whether it's under Section 18 or Section 20) will only be brought by the CPS when the level of injuries is extremely high. Here's the actual wording that CPS staff work to:
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"
Source:
http://
Given that such injuries must have occurred for a GBH charge to have been brought, I can think of no way that 'common assault' would be relevant in this case. The very best that could be hoped for would be for the charge/conviction to be reduced to ABH (if the injuries don't quite meet the criteria for 'GBH'). See pages 11 to 14, from my first link, for the relevant sentencing guidelines.
However those sentences apply to a first-time offender who is convicted after a trial. A previous conviction for violence will push the sentencing higher.
See pages 3 to 6 here to read exactly what the judge is obliged to read:
http://
A GBH charge (irrespective of whether it's under Section 18 or Section 20) will only be brought by the CPS when the level of injuries is extremely high. Here's the actual wording that CPS staff work to:
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury"
Source:
http://
Given that such injuries must have occurred for a GBH charge to have been brought, I can think of no way that 'common assault' would be relevant in this case. The very best that could be hoped for would be for the charge/conviction to be reduced to ABH (if the injuries don't quite meet the criteria for 'GBH'). See pages 11 to 14, from my first link, for the relevant sentencing guidelines.
Is this a combined charge or 3 separate charges?
S18 is almost always a prison sentence, so with the previous offence history your friend will definitely go to jail if found guilty of the s18. Probably for 2 or 3 years. But from what you say the S18 may be dropped
.With his previous history again there is a real risk of a prison sentence for just the other 2 charges. Why is he pleading not guilty when he has admitted hitting the other 2 men ? You can't be not guilty when you have already said that you did it.
He will have a much better chance of avoiding jail if he pleads guilty and says it was self defence. Plus there is a 1/3rd reduction in sentence for an early guilty plea.
If found guilty of all 3 charges he is definitely going to jail for at least 3 years.
S18 is almost always a prison sentence, so with the previous offence history your friend will definitely go to jail if found guilty of the s18. Probably for 2 or 3 years. But from what you say the S18 may be dropped
.With his previous history again there is a real risk of a prison sentence for just the other 2 charges. Why is he pleading not guilty when he has admitted hitting the other 2 men ? You can't be not guilty when you have already said that you did it.
He will have a much better chance of avoiding jail if he pleads guilty and says it was self defence. Plus there is a 1/3rd reduction in sentence for an early guilty plea.
If found guilty of all 3 charges he is definitely going to jail for at least 3 years.
um Eddie because his defence is self-defence
You neva know the defendant might have been telling the truth - all things are possible....
we dont know all the facts
a co-worker of mine was remanded in custody in Walton for GBH - 60 or 90 days - and on day 1, the judge asked counsel - is the defence that he took the knife off the victim who was threatening him and stabbed him with his own weapon ?
and Counsel smarmed: yes my lord the defence has not resiled from this position
and the Judge asked: is there going to be any evidence from the Crown on possession and ownership, and the other counsel simpered: No my Lord there is not.
and the Judge screamed the Defence wins on self-defence ! Case dismissed !
(and then started humming: the sun has got his hat on....)
and for years we treated the co-worker with the gtst respect.
and for years I have thought - charges are neither here nor there: the CPS cd just have been having an 0ff-day....
You neva know the defendant might have been telling the truth - all things are possible....
we dont know all the facts
a co-worker of mine was remanded in custody in Walton for GBH - 60 or 90 days - and on day 1, the judge asked counsel - is the defence that he took the knife off the victim who was threatening him and stabbed him with his own weapon ?
and Counsel smarmed: yes my lord the defence has not resiled from this position
and the Judge asked: is there going to be any evidence from the Crown on possession and ownership, and the other counsel simpered: No my Lord there is not.
and the Judge screamed the Defence wins on self-defence ! Case dismissed !
(and then started humming: the sun has got his hat on....)
and for years we treated the co-worker with the gtst respect.
and for years I have thought - charges are neither here nor there: the CPS cd just have been having an 0ff-day....
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