Quizzes & Puzzles1 min ago
GBH Sct 18
15 Answers
I have a friend who is being charged with GBH Section 18. He has been released on bail for 2 months while (i guess) evidence is found, witness looked for etc. He was at a party with friends when an ex friend took him outside and "got up in his face" my friend walked away to leave the situation when the other man hit him on the back of the head, my friend fell, got up and turned round to say what the hell, the other man then head butted him so my friend hit him in the face. The problem in that my friend had a glass in his hand. Which smashed on the other mans face as my friend pushed his face away after being head butted.
Obviously the other man went to the police however has not told the whole truth as to what happened...he's left out the fact that he hit my friend first and also that he head butted my friend, but has said they went outside and had words then my friend smashed the glass in his face.
My friend is not no matter how bad things get the type of person to "smash a glass in someones face" he would def use his fists compared to a weapon. It is just unfortunate that when he fell after being punched first of all that he didnt drop the glass or it didn't break.
The other man has some cuts on his face around his eye from the broken glass, these cuts needed 37 stitches however this was a precaution and to reduce any scaring (due to it bein close to the eye) there is no affect to the eyesight or any other injuries to the other man.
I was just wondering if anyone had any ideas what would be a likely outcome for my friend??? Thanks.
Obviously the other man went to the police however has not told the whole truth as to what happened...he's left out the fact that he hit my friend first and also that he head butted my friend, but has said they went outside and had words then my friend smashed the glass in his face.
My friend is not no matter how bad things get the type of person to "smash a glass in someones face" he would def use his fists compared to a weapon. It is just unfortunate that when he fell after being punched first of all that he didnt drop the glass or it didn't break.
The other man has some cuts on his face around his eye from the broken glass, these cuts needed 37 stitches however this was a precaution and to reduce any scaring (due to it bein close to the eye) there is no affect to the eyesight or any other injuries to the other man.
I was just wondering if anyone had any ideas what would be a likely outcome for my friend??? Thanks.
Answers
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Very worth while comments. (Above) Although if you read correctly i wasn't looking for your comments on the situation just to the question which was does anyone know the likely outcome?
Well unless you have ever been in a situation like that you have no right to make "comments" as you have no idea what you might or might not do....
Well unless you have ever been in a situation like that you have no right to make "comments" as you have no idea what you might or might not do....
Taffy you dismiss these comments when actually they are answering your question.
No one believes this story about him "unfortunatly" still holding the bottle, sounds like he clung onto it, so I doubt any judge or jury is going to believe it either, so i reckon he'll get a prison sentence.
Also you say people have no idea what you might or might not do, have you considered this about you're friend?
In this situation he may have reacted badly and done it, but now regrets it and is telling lies to get him out of it.
No one believes this story about him "unfortunatly" still holding the bottle, sounds like he clung onto it, so I doubt any judge or jury is going to believe it either, so i reckon he'll get a prison sentence.
Also you say people have no idea what you might or might not do, have you considered this about you're friend?
In this situation he may have reacted badly and done it, but now regrets it and is telling lies to get him out of it.
Would you like a proper answer to your question?
The guideline 'starting point' when sentencing a 'Section 18' offence, with the circumstances you've described, is 5 years custody, with judges normally expected to pass a sentence in the range of 4 to 6 years. The element of 'provocation' might make the judge want to consider a sentence at the lower end of the range.
However, those sentences refer to first-time offenders who've been convicted after a trial. An early guilty plea would result in a reduction of the sentence but a previous convictions for violence could see it increased.
Based on that lot (and assuming an early gulty plea with a reasonably clean previous record), my guess would be a sentence of between 3� and 5 years imprisonment.
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 13)
Chris
The guideline 'starting point' when sentencing a 'Section 18' offence, with the circumstances you've described, is 5 years custody, with judges normally expected to pass a sentence in the range of 4 to 6 years. The element of 'provocation' might make the judge want to consider a sentence at the lower end of the range.
However, those sentences refer to first-time offenders who've been convicted after a trial. An early guilty plea would result in a reduction of the sentence but a previous convictions for violence could see it increased.
Based on that lot (and assuming an early gulty plea with a reasonably clean previous record), my guess would be a sentence of between 3� and 5 years imprisonment.
Source:
http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf
(See the table on page 13)
Chris
GBH is a serious offence. It seems the courts have been giving sentences between 3-4yrs for �glassing�. Take a look at http://www.thelawpages.com/sentencing - type in GBH and see what others have received for GBH. He should find a good solicitor who can present mitigation such as the self-defense element, the fact that it is out of character, etc.. so your friend can get the least possible sentence.
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