Jury Made Their Decision

[1991sw]

So the jury found my bf not guilty to section 18 with intent but found him guilty to section 20 without intent the judge sentenced him to 21 months in prison because he has done 4 months on remand how long will he have to serve?

[jno]

the usual's about half, isn't it? Someone will give you a better answer shortly.

[hc4361]

That was quick! Probably about 5 months

[1991sw]

Yeah it's better than him spendin another 5-8 yrs in prison I'm very happy

[Buenchico]

A 21 month nominal sentence actually means 10½ months inside. Knocking off 4 months leaves 6½ months left to serve.

[New Judge]

But I thought there was no evidence against him. (I can't see exactly what you said previously because the question seems to have been removed).

[hc4361]

Well I wouldn't be happy if somebody I loved was innocent but found guilty. I'd be pushing for an appeal.

[Buenchico]

Some posts to that effect seem to remain, NJ:
http://www.theanswerbank.co.uk/members/1991sw/

[1991sw]

Yeah the judge did say hes to serve another 5 Months on good behaviour

[1991sw]

The only evidence they had was their statements thats it but the jury came to a compromise I just do not see where this guilty of section 20 has come from :/

[hc4361]

Seems to me the jury were convinced of his guilt as they returned a verdict so quickly.

So, are you going to stick with your bf?

[Captain2]

Love is blind at times hc

[1991sw]

Of course I am hes only serving another 5 months in prison despite what he did hes my future husband there was obviously evidence of him defending hiself that does not make him a bad person he was involved with the wrong people but all in all I'm happy he will be out In 5 months :D

[Mamyalynne]

I think it's the best result you could have hoped for and hope you both move on from this and have a trouble-free future together.

[1991sw]

Thank you mayalynne hes got to learn now not to get involved with people like them, I'm just so relieved after 4 months of stress thinking he was going to get a minimum of 5 years but this is the best result and I thank his barrister for being very good defending him :),, also I apologise for being harsh on ab as I said I was under alot of stress, it's going to be hard not having him with me and his family for xmas and new year but we will have to be strong. thank u everyone for your advice.

[Mamyalynne]

Yes emotions run high at times of stress, but we can draw a line now - you start preparing for time to come.

Have the best Christmas you can.x

[EDDIE51]

If your BF had taken his barristers advice he would have had 1/3 taken off the 21 months for a guilty plea. So that drops it to 14 months , then the 4 months on remand is taken off dropping it to 10 months. Automatic release after 5 months and the last 2 months as 'home detention curfew' (tag) meaning he would have been out in 6 weeks.
Now he is inside 'for real' there will be changes to his prison regime. No unlimited visits no wearing his own clothes only prison uniform.
If you want to visit him he has to apply to get a 'visiting order' for you, you can't just see him anytime you want. You have to have a visiting order which he orders and the prison sends to you. One more thing, now he is no longer on remand can only send very limited amounts of money to him.
It has to be in the form of a postal order made out to the guvnor of the prison he is being held in.( Remand prisoners can have unlimited cash sent to them. )

[New Judge]

“I just do not see where this guilty of section 20 has come from”

It comes from the jury believing that he had committed Grievous Bodily Harm without intent.

Actually his insisting on a trial has cost him more time inside than Eddie calculates.

Assuming he had pleaded guilty at the earliest opportunity (which in practice would have been as soon as the lesser charge was offered) he would have been entitled to a full third off his sentence, thus reducing it to 14 months. He would have been released automatically at the halfway point (no “good behaviour” necessary so I don’t know where that suggestion came from). This means he would be released after 7 months. “Home Detention Curfew” gives in 90 days (approximately three months) off of that meaning he should serve 4 months, which he has already served on remand. So he would have been “coming home” almost immediately.

As it is now he will need to serve 10.5 months with three months benefit from Home Detention Curfew. So 7.5 months, less the 4 months spent on remand means that by insisting on a trial, against legal advice, has cost him 3.5 months inside.

[anneasquith]

Will/could he appeal his sentence?

[EDDIE51]

So when I said on the other thread that if he had taken the 'plea bargain' he would get 'time served' I was correct ?
I thought 'tag' or 'home detention curfew' was 2 months max.

[EDDIE51]

He has to have a 'reason for appeal' and I can't see that there is one.