Body & Soul1 min ago
Sentencing??
13 Answers
My boyfriend has been charged with GBH with intent and kidnap. He has pleaded not guilty on the advise of his barrister. He has a previous spent sentence for ABH which was 5 years ago and received an 8 month sentence in a young offenders centre. The person who has bought the charge is a registered drug adict with 10 pages of previous charges relating to domestic violence and theft, agravated burglary and similar.
The kidnap charge is over exaggerated he went into the car of his own choice, he was never held against his will, although he claims he was.
He has made claims about the assault, again with no hard evidence to back this up as there was only 1 unreliable witness.
My boyfriend has been on remand since 5th April and the trial is due to start in September.
Can anyone give me an indication as to the worst case and best case outcome please. I am hearing so many different views and just want someone independant to give me their opinion.
The kidnap charge is over exaggerated he went into the car of his own choice, he was never held against his will, although he claims he was.
He has made claims about the assault, again with no hard evidence to back this up as there was only 1 unreliable witness.
My boyfriend has been on remand since 5th April and the trial is due to start in September.
Can anyone give me an indication as to the worst case and best case outcome please. I am hearing so many different views and just want someone independant to give me their opinion.
Answers
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The maximum sentence for GBH with intent is life imprisonment. The actual sentence passed (if your b/f is found guilty) will depend upon which of the three categories of the offence which are used for the purposes of sentencing. If the injuries sustained by the victim weren't at the very highest end of those which constitute GBH, it's likely that the 'kidnap' element will push the offence from the lowest category (3) into Category 2. If so, the minimum sentence that the judge can pass will be one of 5 years imprisonment, with a maximum of 9 years imprisonment.
If the injuries sustained by the victim were particularly serious, that (together with the 'kidnap' element) will push the offence into Category 1. That means a minimum sentence of 9 years and a maximum of 16 years.
Here's the actual document which the judge must refer to:
http://sentencingcoun...ine_-_Crown_Court.pdf
Chris
If the injuries sustained by the victim were particularly serious, that (together with the 'kidnap' element) will push the offence into Category 1. That means a minimum sentence of 9 years and a maximum of 16 years.
Here's the actual document which the judge must refer to:
http://sentencingcoun...ine_-_Crown_Court.pdf
Chris
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Chris.. Thanks for that it helps loads.. The injuries he sustained are not bad but the victim Is I think refusing to give permission for the records to be used!! He had few bumPs and bruises, and a punctured lung!! But this was only stated on the initial police statement so not sure of the exact injuries! They did not hold him in anyway!
Yes I am a young girl and despite this sounding really bad my boyfriend is a good person, unfortunately he got involved in his mates problems by joining in on an assault of a drug taking woman beater!! But my boyfriend is now paying for the stupid moment of madness!!
Yes I am a young girl and despite this sounding really bad my boyfriend is a good person, unfortunately he got involved in his mates problems by joining in on an assault of a drug taking woman beater!! But my boyfriend is now paying for the stupid moment of madness!!
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