section 18 wounding with intent

[Tomas123]

my mates got court on Monday and his going to plead guilty to it as he thinks it will make his time in prison shorter. his 19 and he has no previous conviction and his character reference overall says his a really nice person and he just got on with his life as a normal person and that was out of character and nothing like him. what sort of sentence is he looking to get?

[Andyvon]

"He's a really nice person and he just got on with his life as a normal person..." I don't think you are living on the same planet are you Tomas? 'Nice' and 'normal' people don't wound with intent.

[Buenchico]

The court has to examine 'harm' and 'culpability' and to decide whether they're 'high' or 'low'.

'Harm' will be high if the level of injuries were particularly high (e.g. life-threatening or resulting in serious permanent disability or scarring).

'Culpability' will be high if, for example, the offender deliberately sought out his victim or operated as part of a gang.

If both harm and culpability are high the judge must work within a sentencing range of 9 to 16 years, with a third knocked off for an early guilty plea. (i.e. the sentence would be between 6 years and 10 years 8 months)

If one of the factors is high, but the other isn't, the sentencing range is 5 to 9 years, less one third. (i.e. 3 years 4 months to 6 years).

If both harm & culpability are low the range is 3 years to 5 years, less one third (i.e. 2 years to 3 years 4 months).

The time actually spent 'inside' is usually half of the nominal sentence (but, for sentences of 4 years upwards, it can be up to two thirds of the sentence passed by the judge). So the shortest time that your mate is likely to actually be in prison is one year.

Sourced from here:
http://sentencingcoun...ine_-_Crown_Court.pdf

Chris

[boxtops]

You said he's pleading guilty because he thinks it'll go better for him - did he do it?

[Tomas123]

boxtops- his pleading guilty because there's no witnesses to say it wasn't him and they are all friends with the other person so there backing him up.

so chris if he was jailed for 8 years that would mean he would spend 6 years inside?

[Buenchico]

Somewhere sentenced to 8 years imprisonment can be considered for release after 4 years. However the parole board will only release him if they believe that it's safe to do so. If his application for release at that point is refused, he can reapply a year later (i.e. after 5 years). Once he reaches the 'two thirds point' (5 years 4 months) he would normally be released on licence anyway.

Chris

[rsvp]

what does his brief say????

[Tomas123]

rsvp- i don't know what his brief is

[Buenchico]

'Brief' is slang for 'barrister', Tomas.

[kinkajou2]

brief = barrister

[markleech1]

Buenchico: You are wrong to say anyone serving 8 years 'might' be released at the half way point - under the Criminal Justice Act 2003 anyone serving a fixed term sentence MUST be released at the half way point of that sentence - the Parole Board now only deals with those serving indeterminate sentences: anyone with questions about questions visit http://forums.prisons.org.uk/index.php

[boxtops]

It is not up to your mate to prove he didn't do it, tomas - it's up to the prosecution to prove that he DID. I hope he's got a good lawyer - if not, he needs to get one.

How did he get on (presuming that Monday was last Monday)?

[Tomas123]

he has been put back on bail for 3 weeks for a pre sentenced report and they said that there's a possibility of a suspended sentence or a minimal sentence.