What will a person get for gbh in crown court?

[lm123]

Hi a friend of mine has been charged with gbh based on a fight he had a year and half ago. He was provoked on a night out and ended up causing damage to this other male present. The case was dropped last year but 2 months ago it was opened again due to more evidence. They have pictures of the injuries caused and cctv images. It is my friends first offence but is there a chance he could get sent to prison. He went to crown court last week and has been asked to go bk next week for sentencing. If not prison what else could he get? help please

[sara3]

he's pleaded guilty?

[bednobs]

if he has been found guilty of GBH he will most likely get a prison sentance. What were the injuries and what class of GBH was it.

[lm123]

He has pleaded guilty but i dont know the type of gbh! he had major facial injuries and i think nerve damage! but not 100% its his first crimial offence so i wasn sure if he would just get tag or community service! so is it looking like a prison sentence?

[boxtops]

Surely if the crime is serious enough, it doesn't matter whether it's the first time he's done it - someone's first offence could be murder, they wouldn't get sentenced more leniently. Why should they?

[sandyRoe]

'nerve damage...' was a glass or knife used?

[bednobs]

http://sentencingcoun...ine_-_Crown_Court.pdf

[lm123]

no it was just a drunken scuffle after a night out. two lads are in court for this incident. its just wierd that it was dropped out of court last october and then two months ago they rearrange it and it goes straight to crown court.

[Buenchico]

If the offence was simply 'GBH' (rather than 'GBH with intent', which carries higher sentences), the 'starting point' sentence for a 'Category 3' (lowest level) GBH offence is 'High Level' Community Order (= 'probation'). Within that category, the judge can actually pass a sentence between a 'Low Level' Community Order and 51 weeks imprisonment.

See the table on page 8 of this document for sentences for higher categories of GBH. (See page 5 for the table relating to GBH with intent):
http://sentencingcoun...ine_-_Crown_Court.pdf

'Ordinary' GBH is an 'either way' offence, which means that it can be dealt with either in a Magistrates Court or before the Crown Court. (GBH with intent has to be dealt with in the Crown Court). The fact that the case has been referred to the Crown Court indicates that the Magistrates have decided that their sentencing powers (of up to 6 months imprisonment) might not be great enough. However that should not be construed as meaning that a lengthy prison sentence is inevitable. (The Crown Court often passes a non-custodial sentence after the Magistrates have passed a case up to the higher level).

Chris

[lm123]

thank you, so for lower level gbh it could be anything from community service to a custodial sentence??

[Buenchico]

Yes. The sentences given there refer to a first-time offender who is convicted after a trial. (Pleading guilty at the earliest opportunity can see a sentence cut by up to one third.). If a custodial sentence is passed, only half of the nominal sentence is actually served in prison.