section 18 with intent

[gisborne]

could someone give me advice please
My son has been charged with section 18 with intent he bottled 2 lads after they beat up his friend . no excuses i know but would like an indication to his sentance

[kezyw]

Section 18, Offences Against the Person Act 1861

Maximum Penalty: this offence is indictable only and can only be tried in the Crown Court. The maximum sentence is life imprisonment and unlimited fine.

But in many cases due to lack of evidence or mens rea (mental element of a crime), the section 18 is dropped and replaced with a section 20 Offence.

for a section 20-

Maximum Penalty: Level 5 Fine and 6 months imprisonment in the Magistrates� Court. However, this offence is triable either way so in the Crown Court the maximum sentence is 5 years� imprisonment and unlimited fine.

[gisborne]

he goes to trial in a week , the 2 lads and their girlfriends are all testifying also one bouncer , at last hearing they wouldnt drop to lower charges as they said they had a strong case

[gisborne]

He is 20 and never been in trouble before has full time job and is awaiting an appretaship {sorry bad spelling} we have 30 character references Alcohol played it part for sure

[NORMANTHEDOG]

you people make me sick.alchohol played a part,is that a good excuse,for hitting 2 people with a bottle,how long would you want someone to go to prison for if it were your son who was hit by a bottle.lets hope he gets 5 yrs and has a long time to reflect on what he has done.

[gisborne]

thanks for that, yes i would want justice if it was the other way around and yes his actions were severe, but after seeing his mate covered in blood and badly beaten i think he panicked when they came for him .There is always two sides to a story . oh and hope you get over the sickness!!!!!!

[New Judge]

Unfortunately, gisborne the fact that alcohol played a part in this offence will be seen by the court as an aggravating feature, not one of mitigation.

[gisborne]

yes i know nothing excuses his behaviour NOTHING i just wanted a inclination as to his sentance so we can all prepare thanks anyway

[DONNNAKEBAB]

Gisborne, you must be worried sick. I would have a chat to his Barrister and see if the CPS would accept a Plea Bargain to reduce. It may be worth it even if its a long shot. If someone bottled my daughter I too would want a long sentence but you are a Mother/or Father and you are bound to be worried about your son.

My suspicions are a short term of imprisonment or a long period of probation, unpaid work in the community, a heavy fine and compensation.

If he DOES go to Prison, you will be able to still see him, make contact with him, write to him, take clothes for him and speak with him on the telephone. Although hard, everything becomes accceptable after a while and you will learn to accept it. Going to prison does not mean you are going to die or lose your son. Its a temporary measure.

Try to keep strong.

Love Katie. x

[gisborne]

thanks Katie , I am not making excuses for him but like you say he is my son. Our family and obviously the victims are all devastated by his actions life since has been hell and no doubt wont get better for some time
When your NEW to the system its all a bit daunting as to how we go about things
thanks

[evedawn]

if he pleads guilty he will get a lesser sentence (as far as I know)

Someone I know of was charged with the same he got 3 years reduced to 18 months but may be out in June after serving eleven months.

[evedawn]

ps - in sentencing the judge made a mention of how this person I know displayed no remorse whatsoever...and that was a factor in deciding his sentence.

Perhaps your son has shown remorse? I do feel for you, and your son, and yes i feel for the victim too...where there is violence there is no winners! Alcohol is not an excuse but lets face it it lowers anyones inhibitions doesn't it? Bet you this young man will never be so foolish again.

[DONNNAKEBAB]

Gisborne. Sometimes you get criticisms on this site. If you would like to email me personally to [email protected]. I may be able to go through things in more detail with you as this is quite a personal matter to you.

Katie. x

[DONNNAKEBAB]

Gisborne. Wizard is a wise person. Email me if you want.

Katie. x

[alisonscott]

my son aged 19 was charged with section 18 got 23 months at first cps complained too lenient sentence ,it went to court of appeal in london and they gave him 4 years .he also had never been in trouble and was just in wrong place wrong time etc.he has till nov left .so i think your son is looking at between 2-5 years.we have stood by our son it is devestating at first as you feel punished aswell but if he behaves all should be ok .i really feel for you ive been through it .best wishes to you all and good luck for lenient sentence .

[gisborne]

did he plead guilty or not guilty

[DONNNAKEBAB]

Wizard. Dont be awful. This poor lady is distraught. She was asking the other lady a question. I think gisborne has already said that her son is going through a trial so I guess for that reason alone he is going to be pleading Not Guilty. I think you are fab by the way and you always answer people without judgmentation. You are a great source of advice and I think this lady here is just wracking her brains at all the options.

Take Care hun.

Katie. x

[alisonscott]

he pleaded guilty so witnesses didnt have to be put through trial and still got high sentence as there was alot of media news about stabbings etc and judges said they were making example of him