GBH with Intent sentencing? Help with hypothetical situation

[laurabelle]

OK, I am writing a screenplay in which one of my characters (a woman in her late twenties with no previous convictions) goes to a man's home and batters him with a cricket bat until she is pulled off him, leaving him very seriously injured (poss not able to walk again, in permanent pain etc). Her reason - if you could call it a reason - is that she has just found out her son has died at this man's hands. It is an act of anger and revenge. What type of sentencing would this crime get?I am just assuing from the little knowledge I have about criminal law that the charge would be GBH with intent. For the sake of the story I would like her to serve anywhere between a few months to two years. Is this a viable possibility given the severity of the crime? It's really important to attempt to make it believable. Any help on this would be greatly appreciated,
Laura

[tamborine]

She would be released after detention of 7days due to her mind being disturbed and on psychiatric support at a luxorious 6* 'clinic' like The Priory at tax-payers expense. Where, she would mingle with rich and famous 'snorters' and marry Lord Rothestot (in detox), live in a palace and ride her arab steed on own land as far as the eye could see.

[fredpuli47]

Never ! If she gets 4 to 6 years she's doing well. Her mitigation of 'provocation' is outweighed by her deliberately going to this man's house to exact revenge. It looks as though she took the weapon with her, too, which makes the offence even worse. Remember that s18 which results in death is murder. This victim could, perhaps, be said to have been saved from death only by medical intervention. Otherwise it would have been murder.

Tamborine must have very good friends in the judiciary, including in the Court of Appeal. LOL Memo: Don't cross Tamborine !

[laurabelle]

Thanks so much for the answers - 6 years I can work with! I've been trying to research it myself but keep tripping up on the legal jargon. Wish me luck with it!

[tamborine]

ok, if you're determined to lock her up.....she goes to appeal with a young gorgeous barrister who has fallen for her charms. He pleads her case eloquently and wins her freedom with £millions compensation. They fly off to an island in the Pacific they have bought and raise 6 beautiful, healthy children, who..............

[Sugar121]

Hey
I think this would be either GBH section 20 which involves serious injury and there is intention to cause SOME harm or GBH section 18 which means there is complete intent.
The max sentence for s20 at the moment is 5 years and for s18 the max sentence is life
Hope this helps
Good Luck

[Seadragon]

Your screen play sounds very intriguing. S.18 GBH with intent is maximum life and on a nasty case about 6-7 years depending on extent on injuries particularly as you mention he may not walk again. S.20 roughly between 2-3 years on a plea of guilty but each case different and depends on judge. You may want to consider the aggravating features of premediation, sustained attack, this actual assault being unprovoked and use of weapon which would put attack at higher end of bracket. Good Luck

[jno]

this lady used a cricket bat... and a knife... but the guy did die. All the same, she was in an open prison after eight years

http://news.bbc.co.uk/1/hi/england/8377871.stm

[laurabelle]

Ooh lots of things to consider - thanks so much! It's good to know that perhaps I have a bit of leeway with the sentencing, I just don't want whatever sentence she has got to cause a, 'yeah right,' reaction from the audience. It's a part of the character's backstory, but I want it to be authentic, and of course it will have an impact on the timeline regarding other events. In my mind she was really, really beating the guy and only stopped because someone pulled her off. This is a totally out of character incident for her; she has no criminal record and had preivously been an upstanding member of society. Thanks so much for taking the time out to respond, it's been a big help.
Laura

[tamborine]

with the right connexions you can do this..........

http://www.lordlucan.com/lucan_story.htm

[Buenchico]

First point:
The scenario you describe definitely falls into the 'GBH with intent' category. Read this document, from the Crown Prosecution's website, if you want to read up on the definitions. (If you want to keep the sentence relatively low you might need to modify the details of the crime accordingly):
http://www.cps.gov.uk...s_against_the_person/

Second point:
Here's the document which judges are obliged to refer to when considering sentence:
http://www.sentencing...inst-the%20person.pdf
Unless there were very exceptional circumstances, the judge would have to apply the sentences (modified as indicated below) shown in the table on page 13:

The modifications I've referred to come about because that table only refers to a first-time offender convicted after a trial. Previous convictions (particularly for violence) will push the sentencing range higher. An early guilty plea can see a reduction in sentence by up to one third.

Given that your scenario includes pre-meditation and the use of a weapon carried to the scene of the attack specifically for that purpose, together with the victim suffering particularly grave injuries, your first-time offender would (after an early guilty plea) probably be imprisoned for around 8 years. Perhaps you need to change something?

Chris

[laurabelle]

Thanks Chris that's been a big help - I think 8 years may be OK but I'd ideally like a little less -Definitely thinking of changing the circumstances a bit. Even if she was sentenced to 8 years, how likely is it that's she'd serve the full sentence? Sorry if I'm being moronic and thanks so much,
Laura

[Buenchico]

Thanks for the reply.

Offenders sentenced to less than 4 years are normally released after serving half of their sentence. (Offenders who're regarded as being suitable for 'tagging' might be released a few months earlier).

Those sentenced to 4 years or over can also be released after serving half of their sentence but it's not automatic. It's up to the Parole Board to decide whether they're suitable for release. A prisoner who is not released at the half way point can again be considered for release one year later. Once a prisoner reaches a point two thirds of the way through their sentence they will normally be automatically released.

When a prisoner is released (whether at the half way stage or later) they're still technically serving their sentence. (i.e. they're 'on licence'). If they re-offend or break the terms of their licence before the end of their full sentence period they can be returned to prison. Licence terms are set individually but some things are common to all licence conditions. In particular, offenders must attend all appointments with their probation officer (and allow probation staff to visit them at home). They must also make no attempt to leave the country. (So don't send your central character away on a foreign holiday as soon as she leaves prison. She wouldn't be allowed to go).

Chris

[sumo19]

Hi

GBH with intent, section 18, potential life imprisonment. Circumstances may be taken into account, greif etc. The sentence therefore may be reduced.

However, if the charcter is unable to walk again and in permanent pain, then the sentence would be hefty- at least 15 -20 years