WILL MY SON GO TO PRISON, GBH WITHOUT INTENT SECTION 20

[shadow22]

PLEASE HELP IME OUT OF MY HEAD WITH WORRY, MY SON WAS INVITED TO A EX GF PARTY WHO HE HAD JUST RECENTLY STARTED TALKING TO AGAIN, HE NOW LIVES WITH HIS NEW GF AND IS VERY HAPPY, SHE ALSO HAS A PARTNER SO IT WAS PURELY FRIENDSHIP, THE OTHER WEEK HE WAS OUT WITH FRIENDS ENJOYING HIMSELF WHEN HE BUMPED INTO HER AND A GROUP OF HER FRIENDS [MALE AND FEMALE[ AND INVITED HIM AND HIS MATES BACK TO PARTY AT HERS, A FEW OF THEM WENT UP AN HOUR OR SO LATER AND THERE WAS SOME BIG GUY ON THE DOOR, HE LET HIS FRIENDS PAST THEN STOOD IN FRONT OF MY SON WHO IS LESS THAN HALF HIS SIZE, [6FT WEIGHING 10 AND A HALF STONE] THE OTHER GUY SAME HEIGHT AND PROB 16 STONES, AND SAID IN A AGGRESSIVE MANNER, F--- OFF YOUR NOT WELCOME HERE AND STARTED TO PUSH MY SON BACKWARDS DOWN THE PATH, THERE WAS ALSO ANOTHER GUY STOOD WATCHING SO MY SON FELT VERY THREATENED, HE CONTINUED TO BE AGGRESSIVE WHEN MY SON ASKED WHAT THE PROB WAS BUT WAS TOLD HE WAS GOING TO SMASH HIS FACE IN, MY SON FEARED FOR HIS SAFETY SO TURNED TO WALK AWAY ONLY TO BE CONTINUOUSLY PUSHED DOWN THE PATH AND THREATENED WITH VIOLENCE, MY SON REALISED IT WAS GETTING OUT OF HAND AND KNEW IF HE DID NOT ACT HE WOULD OF NO DOUBT OF BEEN BEATEN UP SO HE SWUNG A PLASTIC BAG HE HAD IN HIS HAND CONTAINING 2 BOTTLES OF WINE HE WAS TAKING TO THE PARTY, THIS PERSON WENT FOR HIM TO ATTACK SO MY SON HIT HIM AGAIN CUTTING HIS FACE WITH THE BROKEN GLASS, HE THEN TRIED TO GET AWAY WHEN THE OTHER PERSON RAN AFTER HIM AND GRABBED HIS TOP, MY SON GOT AWAY. HE REGRETTED WHAT HE HAD DONE WHEN HE GOT OVER THE SHOCK AND WAS ON HIS WAY UP TO THE POLICE STATION TO GIVE HIMSELF UP, HE DID NOT WANT A LAWYER PRESENT AND TOLD THE ABSOLUTE TRUTH FROM BEGINNING TO END, HE HAS BEEN TOLD HE COULD BE CHARGED WITH GBH WITHOUT INTENT SECTION 20 BUT HAS TO GO BACK TO REPORT AT THE POLICE STATION IN 2 WEEKS TO FIND OUT WHAT THE OUTCOME IS, HE HAS NEVER BEEN IN TROUBLE WITH THE POLICE BEFORE, I AM SO WORRIED HE WILL GO TO PRISON, PLEASE HELP

[Buenchico]

If the only injuries sustained were cuts simply requiring stitches (rather than needing a transfusion), a charge of 'ABH' would seem to be the most likely outcome. See paragraph 46 here for illustrations of what counts as 'ABH':
http://www.cps.gov.uk...he_person/#P189_14382
Then scroll down to paragraph 55 to view the same thing for 'GBH'.

Sentencing guidelines for 'Section 20' are on page 15 of this document:
http://www.sentencing...person_accessible.pdf
Scroll down to page 17 for 'ABH'.

The sentences shown in that document refer to a first-time offender who is convicted after a trial. An early guilty plea can see a reduction in the sentence (of a third, in the case of a custodial sentence).

If your son is convicted of Section 20 (while using a weapon, i.e. the wine bottles), he'll probably receive a 12 month prison sentence, cut by one third to 8 months. Only 4 months would actually be spent 'inside'.

If the charge is dropped to 'ABH' he'll almost certainly receive a non-custodial sentence.

Chris

[shadow22]

hi chris thanks so much for your reply, i couldnt add this in my earlier post but my son suffers severe depression, has self harmed many times in the past, ie cutting himself causing numerous scars to his arms, and has done for many years, the other day it all got too much for him and he took an overdose of antidepressants and was taken to hospital, i am soo worried about him as i feel if he gets a custodial sentence he could not handle it and do something that doesnt bear thinking about, in my view a custodial sentence would not help in anyway as i think he needs help not punishment, would the judge take his health into consideration when sentencing, also i have been told the other person had paper stiches to his head , a few superficial marks on his face and a black eye due to being hit with the bottle, i know everyone says this but my son is a good lad and hates violence but he had no choice to do what he did in order to protect himself. do you think there is a chance it could be reduced to abh, also who decides this, can i write a letter to the judge, i will do anything in my power to help him stay out of prison as i know something bad would happen as he is not strong enough

[boxtops]

I don't know the process but is it still the case that a medical report can be put before the court, which is taken into consideration when sentencing? Has he got a solicitor you could talk to ?

[lcg]

if he is in hospital during the trial, a judge may also consider a hospital order under section 37 of the 1983 mental health act. this means he could be detained in a secure hospital until a consultant and/or other professionals involved in his care decide he is well enough and/or able to move on from that level of care. i would advise he gets a brief and deals with the situation with your support. take care x

[shadow22]

hi boxtops ime not sure to be honest as i have have never had to do anything like this before, i will be getting a doctors report if possible and give it to his solicitor, i have got a solicitor for him but because he has not been sentenced yet he says theres not a lot he can do so its a matter of waiting till he has to return back at the police station in 2 weeks to find out. like i say he has never been to court or been in trouble so its all very worrying for all concerned, i myself am praying it will be reduced to abh as this guy had no severe injuries, i think he is just a bully, also i think he might of been in trouble with the law before

[shadow22]

hi icg76 thanks for you reply, no my son is out of hospital, he discharged himself the next day against doctors advice, he had an ecg and blood tests but he would not wait for the results and a friend picked him up from hospital, he looked very pale and ill looking and was very unsteady on his feet, he is looking a lot better now but i know deep down he is very stressed and depressed, just hope everything goes ok for him as he is such a kind hearted person and does not deserve this, i will be standing by him all the way, thanks again

[Mike25]

Chances are the guy that was attacked mightn't even go to court as a witness meaning it could be thrown out of court. Ask you son to contact his ex and find out what the story is with the guy. Your son shouldn't have went to the police and it mightn't have got this far!

[shadow22]

hi mike 25, thanks for your reply, my son was walking up to the police station when he was arrested, they were already looking for him, he is not allowed to have any contact with his ex due to police enquiries, to be honest we think it could of been a set up as they had fallen out a year ago and just started talking that night, the guy who did this, his partner is his ex gf best friend so it could have been as we cant understand if he was invited why did he not let my son in, ime sure we will all come out in court.

[Mike25]

Stick to claiming self defence and hopefully it will get thrown out of court.

[shadow22]

hi mike 25, yes he is claiming self defence as that is what it was, just hope and pray it all goes well for him, thanks for your replies.