Section 18 – Attempt Wounding With Intent To Do Gbh And Possess An Offensive Weapon In A Public Place

[Selam]

It was lunchtime. My three child’s dad had a lunch in restaurant with his two close friends after working community work. After little argument my child’s dad suddenly stand and hit the face of his friend holding the back side of the table knife that was on their table. His friend had little wound on his face but not blood. After 10 minute the police arrested my child’s dad and released him on bail the next day. The police had solid CCTV evidence and the table knife as evidence. His friend doesn’t want to press charge and in fact now they are friends. My child’s dad is a very good dad, decent, with no previous crime and it is a surprise what he done to very one and truly out of his character. The police now charged him with section 18 – attempt wounding with intent to do GBH and possess an offensive weapon in a public place. His friend is worried so do everyone who knows him. What is the likely out come of the court? How can be minimized the sentence? What can we do to help?

[Buenchico]

To get the 'attempted GBH with intent (Section 18)' charge to stick the CPS would have be able to show that the offender intended to cause far greater harm than he actually did. (See here: http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#b16 ). That could prove tricky unless, for example, he shouted "I'm going to kill you" or the CCTV evidence clearly shows, again for example, that he was aiming the knife at the victim's throat.

If the CPS could convince a jury that such an offence had been committed, the absolute minimum sentence a judge could pass (unless he considered that there were very exceptional circumstances) would be one of 3 year's imprisonment. Such a sentence can't be suspended.

However, based upon your account, I find it hard to see how the CPS could prove their case. It would seem far more likley that either the charge would be dropped to 'ABH' or that a jury would find him 'not guilty of attempted GBH with intent but guilty of ABH'.

ABH with a weapon (but carried out with a single blow, in the heat of the moment) might well be classed as a 'Category 2' offence. The 'starting point' sentence for such an offence, from which a judge must work up or down, is one of 6 month's imprisonment. However for a first time offender, with strong family ties, it's probably more likely that a non-custodial sentence (such as a Community Order, requiring unpaid work) would be passed (and/or a suspended prison sentence).

https://www.sentencingcouncil.org.uk/wp-content/uploads/Assault_definitive_guideline_-_Crown_Court.pdf

[Peter Pedant]

// How can be minimized the sentence? What can we do to help?//

hire a lawyer
the devil is in the detail see above and they specialise in doing stuff with the facts....

[Selam]

Thank you for your prompt reply! Our family is sleepless on this issue and your response is immensely helpful. What wound be your advice on early plead guilty on this case? Can it complicate the case? Can it lesser the sentence or lower to section 20. On my understanding He should pleaded guilty on condition, he committed section 20 GBH (wounding) but not that he did it with intent (which is section 18 GBH). Can this be helpful on reducing the charge?

[Buenchico]

Thanks for your reply.

As the CPS link shows, there's no such thing as an attempted Section 20 offence. If the CPS believe (and a court can be convinced) that there was a specific intent to commit GBH then it automatically becomes 'Section 18'. So it's not possible to plead 'not guilty under Section 18 but guilty under Section 20'.

If he's seeking to end up with a conviction on a lesser charge then the plea would have to be 'not guilty under Section 18 but guilty under Section 47 (ABH)'