Quizzes & Puzzles7 mins ago
what is my punishment for section 20 (oapa)
5 Answers
i was out on a night out, and at the end of the night we was in a taxi who refused to take us home. after bout 10 minutes a few more taxi drivers had turned up and started to argue with us, id had a few drinks and all i remember is getting hit by about 4 or 5 of them, and i remember hitting 1 flush in the face knocking 2 teeth out, i was arrested around 10 minutes later when it had all calmed down, n was charged with section 20 (oapa) im on bail until february but just want an idea of what punishment i will be subject too, any advice would be much appreciated.
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For more on marking an answer as the "Best Answer", please visit our FAQ.See the table on page 15, here:
http://www.sentencing...inst-the%20person.pdf
Unless there are really exceptional circumstances, judges must follow the guidelines in that table. However it should be noted that the table refers to first-time offenders convicted after a trial. Previous convictions (particularly for violence) can push the sentencing range higher. An early guilty plea can see the sentence reduced. (In the case of a custodial sentence the maximum discount is one third).
Chris
http://www.sentencing...inst-the%20person.pdf
Unless there are really exceptional circumstances, judges must follow the guidelines in that table. However it should be noted that the table refers to first-time offenders convicted after a trial. Previous convictions (particularly for violence) can push the sentencing range higher. An early guilty plea can see the sentence reduced. (In the case of a custodial sentence the maximum discount is one third).
Chris
If you were hit by about 4 or 5 of them before you hit one of them then this sounds like self defence.
Anyway back to your question. A section 20 is GBH without intent, if you had intent then it would be far worse.
If you have no prior convictions, cautions etc, then you could be looking at anywhere from a fine up to 5 years in prison. Previous involvement with the police for a similar offence will increase the punishment and/or sentence served.
Anyway back to your question. A section 20 is GBH without intent, if you had intent then it would be far worse.
If you have no prior convictions, cautions etc, then you could be looking at anywhere from a fine up to 5 years in prison. Previous involvement with the police for a similar offence will increase the punishment and/or sentence served.
As sumo19 says, it will depend on mitigating and aggravating features - such as similar previous convictions. Take a look at what other defendants have been given for s.20 perhaps look for the same judge you're appearing before in February. Make sure you have a good solicitor who is experienced in crime and has a track record - remember you do not have to stick with the same duty solicitor (or police station advisor) who advised you at the police station!