GBH with intent (PLEASE READ)

[mikeetalb27]

In September 2008, two men knocked on my door and threatened me, in front of my four children, it turned out to be two heavies that had been paid by my cousins ex boyfriend. The children were terrified and screaming of what they witnessed. They threatened to come back an get me infront ov the kids. I contacted the police about this, but there was nothing they can do, so i went to this blokes house who sent the heavies, and beat him with a scoffolding type pole (approx 18inches) He had bruising to his arms an legs an a broken wrist. I have pleaded guilty, i should have a good probabation report, and only had previous for affray (10 yrs ago), Does anyone know what will happen to me?

[bednobs]

it sounds like you will be going to prison as gbh with intent is a very very serious charge

[Rollo]

You might want to read this:

http://www.sentencing-guidelines.gov.uk/docs/a ssault-against-the%20person.pdf

In particular the sentencing guidelines shown in the table on page 13.

I hope you have a good lawyer.

[mikeetalb27]

what sort of sentence will i be looking at, a custodial or suspended, as i have good character references, an this is unusual for me to do this offence or any other offences as i am a family man.

[jake-the-peg]

I think GBH is almost always custodial.

I seem to recall looking at some figures a while ago showing that the CPS had a 100% record of appealing non-custodial sentences for this and getting them overturned.

Did you read Rollo's link? the way I interpret what you've said implies a 4 year sentence as a starting point. Yes there are some mitigating factors but there are some agravating ones too.

I think you need to expect a custodial sentence

[Buenchico]

Mike:
That's the second time that someone has provided you with that link above, since it was in my post (on your other thread) last night:
http://www.theanswerbank.co.uk/Law/Question747 597.html

That's the actual document which the judge must refer to and, as I previously stated, he (or she) can only pass a sentence outside of those guidelines under genuinely exceptional circumstances.

'GBH with intent' is only one step below 'attempted murder'. Given that the maximum penalty is the same (life imprisonment) it's almost the same charge. Anyone convicted of it can expect to receive a lengthy prison sentence.

As stated in my other post, your best chance of getting the sentence substantially reduced is to seek (through your barrister) to get the charge reduced to ABH. (My previous post included a link, to the CPS website, to show the difference between the two charges).

However, any offence of violence involving pre-meditation almost always leads to a custodial sentence. If you're convicted of GBH with intent your chances of avoiding prison are absolutely nil. If you're convicted of ABH there's a very slim chance that your barrister might be able to persuade the judge to pass a non-custodial sentence but that chance is probably only around one in fifty at best.

Chris

[paraffin]

Hi mike:

Despite the fact that you have admitted using a weapon to cause injury (broken wrist+bruising), it may be that this won't come within the parameters of S18 GBH With Intent which must include "really serious injury". I cannot see a Judge and jury deciding that the injuries you've described come into that category.

I would suggest that this sounds more like ABH, a far lesser offence with a maximum sentence on conviction of five years, as opposed to the S18 GBH which could carry anything up to life. Some difference, eh?

You've said "I have pleaded guilty". Yes, but to what? Did you have a Solicitor present to advise you during interview? S/he is meant to act in your interests, not just sit back and let the Police make allegations of a far more serious offence than the evidence might suggest.

I'd feel a bit uncomfortable if I was you because it doesn't sound as if you've been charged with the correct offence.
What's your Solicitor's opinion?

[mikeetalb27]

i been to see my solicitor today, he says 18 months in prison, or a very slim chance of a suspended sentence, as i have ova 10 very good character references. Thanks for the reply, What do u think?

[jake-the-peg]

I think you need to prepare yourself for a prison sentence.

I rather suspect your solicitor doesn't want you to totally lose hope and think about doing a runner.

You weren't acting on the spur of the moment, the weapon wasn't something that just came to hand. You didn't attack the people who threatened you but the person you thought was responsible.

And certainly on here you don't seem to have expressed much regret.

GBH with intent is very serious and as I say is only non custodial in the rarest of circumstances. Even if you were given a suspended sentence there's a good chance the prosecurtion would appeal it.

If I were you I'd use this time to set my affairs in order and make sure there were people around to look after my familly.

[paraffin]

jake:

You make it sound like the guy's going to the gallows!

mike:

I don't know how long until you have to appear in Court, but if not too soon, have you discussed with your Solicitor the possibility of a "plea bargain", i.e. pleading guilty to ABH instead of S18 GBH?

I'm still far from convinced on the information you've given that you've been charged with the appropriate offence (unless there's something you haven't revealed).

I forgot to ask you the first time, but when you went to his house, did you commit the assault inside or outside in the street?

You have to be totally honest if you expect appropriate answers. Plus, there are a few points in my first post which you haven't answered.

[jake-the-peg]

Yeah, sorry unfortunate turn of phrase but in this situation with four kids I think I'd be thinking of them.

Check out these cases for a context

http://www.cps.gov.uk/legal/s_to_u/sentencing_ manual/section_20_wounding_or_gbh/index.html

And these were section 20 offenses (without intent)

I can't quite see your logic that the offense is wrong here parafin.

Mike beat this guy with a scaffolding pole and broke bones.

Cases of GBH with broken wrists:
http://www.kentnews.co.uk/kent-news/Man-denies -GBH-in-railway-smoking-row-case-newsinkent194 41.aspx?news=local
http://archive.theargus.co.uk/2002/3/9/161786. html

[mikeetalb27]

this is michael girlfriend and Just to let u all know mike got sentenced to 3yrs, i know he'll be out half ov it on good behaver, could there be any chance ov him coming out sooner (tag or on parole)!! (oh an theres no way we can appeal coz they gave him a lenient sentence)